IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.12.2025 CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.No.24026 of 2025 Priyadharshini K. ... Petitioner Vs.

Dr.S.Kapil Dev Kumar ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita to set aside the order dated 10.11.2025 passed in Crl.M.P.No.14994 of 2025 in S.T.C.No.3455 of 2025 on the file of XXV Metropolitan Magistrate, Egmore, Chennai and to reopen the defence evidence and permit the petitioner/accused to be examined as a competent witness..

For Petitioner : Mr.C.V.Kumar

O R D E R

This petition has been filed seeking to set aside the order dated

10.11.2025 in Crl.M.P.No.14994 of 2025 in S.T.C.No.3455 of 2025 on the file of XXV Metropolitan Magistrate, Egmore, Chennai and to re-open the defence evidence and permit the petitioner/accused to be examined as a competent witness.

2. The learned counsel for the petitioner would submit that the petitioner had filed a petition in Crl.M.P.No.14994 of 2025 in STC No.3455 of 2025 to examine her as defence witness, whereas the Trial Court, by order dated 10.11.2025, without giving an opportunity to the petitioner, had dismissed the petition.

3. Heard the counsel and perused the materials available on record.

4. Admittedly, the petitioner is an accused. On a perusal of records, it is seen that on 06.10.2025, the case has been posted for questioning under Section 313(1)(b) of Cr.P.C. before the Trial Court and on that day when the Court enquired, the petitioner/accused had stated that there is no evidence on the side of the defence and hence the evidence had been closed. Thereafter, the case had been adjourned to four dates viz., 10.10.2025, 20.10.2025, 24.10.2025 and 31.10.2025 and thereafter, the case had been posted for arguments. The respondent/complainant had completed his arguments on 10.10.2025 and written arguments had also been filed. The petitioner/accused had not argued the case. Subsequenlty, on 31.10.2025, the petitioner had filed the petition in Crl.M.P.No.14994 to re-open the petitioner’s side evidence. The Trial Court, finding that the petition has been filed only to protract the proceedings, had dismissed the petition. 5. Considering the above facts and circumstances of the case, I do not find any reason to interfere with the order dated 10.11.2025 in Crl.M.P.No.14994 of 2025 in S.T.C.No.3455 of 2025 passed by the XXV Metropolitan Magistrate, Egmore, Chennai. Therefore, this criminal original petition stands dismissed. Consequently, connected miscellaneous petition is closed.

16.12.2025 Neutral Citation: Yes/No MRN To

1. The XXV Metropolitan Magistrate, Egmore, Chennai.

2. The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA , J .

(MRN)

16.12.2025