IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-03-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR and CRL.MP.No.4754 of 2026 C.Saravanan ..Petitioner(s)

Vs P.Murugan ..Respondent(s)

To call for the records and set aside the order passed by the learned Judicial Magistrate FTC Court at Poonamalle in Crl.M.P.No.4463 of 2025 in STC No.674 of 2019 dated 08.01.2026 in respect of dismissing the petition filed by the petitioner U/s.311 Cr.P.C. to recall PW-1 for the purpose of Cross- Examination, subject to any condition that this Hon'ble Court may deem fit and allow the above Criminal Original Petition.

For Petitioner(s): Mr.S.Kasirajan

ORDER

This criminal original petition has been filed to set aside the order dated

08.01.2026 passed in Crl.M.P.No.4463 of 2025 by the learned Judicial Magistrate, FTC Court at Poonamallee and to recall PW-1 for the purpose of cross examination.

2. The learned counsel appearing for the petitioner submitted that on the complaint preferred by the respondent, a case in S.T.C.No.674 of 2019 was taken on file by the learned Judicial Magistrate, FTC Court at Poonamallee. During pendency of the said case, the petitioner filed a petition under Section 311 of Cr.P.C./348 of BNSS, to recall P.W-1 for cross-examination. However, without considering the request of the petitioner and without assigning any reasons, the learned trial Judge dismissed the said petition by order dated 08.01.2026. Challenging the said order, the present Criminal Original Petition is filed.

3. Heard the learned Counsel appearing for the petitioner and perused the order dated 08.01.2026 passed in Crl.M.P.No.4463 of 2025 in S.T.C.No.

674 of 2025 by the learned Judicial Magistrate, FTC Court at Poonamallee.

4. On going through the impugned order, it is seen that the complainant side evidence was completed on 27.03.2023 and the case was posted for cross-examination on 03.05.2023, 11.07.2023, 19.08.2023, 05.09.2023 and 03.10.2023 and in all the hearings the complainant was present but the accused were not come forward to cross-examine the complainant. Thereafter, on 25.10.2023 the matter was referred to Lok Adalat. Finally, on 03.07.2024, after one year, it was reported that no settlement arrived. Thereafter, the case was posted for cross-examination of P.W-1/Complainant on

22.07.2024 and 27.08.2024. After providing sufficient opportunity, the complainant evidence was closed, the case was posted for questioning under Section 313 of Cr.P.C. of the accused/petitioner and thereafter, the case was posted for defence side evidence on 07.11.2024 and 11.12.2024 but the accused failed to file any list of witness or produce any witness instead the petitioner had filed a petition to recall the complainant for cross-examination and the same was allowed on 17.12.2024 by imposing cost of Rs.500/-. Thereafter, the complainant was present. The petitioner/accused had failed to cross-examine him on 09.01.2025, 12.02.2025, 12.03.2025, 21.03.2025, 17.11.2025 and 12.05.2025 and finally cross-examination was closed on 08.07.2025. Thereafter, the case was posted for defence side evidence 30.07.2025 and again the same thing continued and the defence side evidence was closed. The respondent/complainant submitted his argument on 20.08.2025. However, Crl.M.P.No.4463 of 2025 was filed. Recording the above, the said petition was dismissed.

5. This Court finds that more than sufficient opportunity has been given to the petitioner but the petitioner had taken time. Despite presence of the complainant, the petitioner failed to cross-examine him on both occasions viz., prior to reference to Lok Adalat and after failure of Lok Adalat proceedings. Now, the complainant had completed his arguments. Hence, this Court finds no reason to interfere with the impugned order dated 08.01.2026 passed in Crl.M.P.No.4463 of 2025 by the learned Judicial Magistrate, FTC Court at Poonamallee. However, considering the fact that the petitioner had so far not cross-examined the witness and as the