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2026 Supreme(Online)(Mad) 49390

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M. NIRMAL KUMAR
R.Brinda Devi – Appellant
Versus
R.Radhakrishnan – Respondent


To set aside the order dated 30.01.2026 in Crl.M.P.No.5 of 2026 in S.C.No.64 of 2016 on the file of Honble SESSIONS MAGALIR NEETHI MANDRAM, (FAST TRACK MAHILA COURT) AT ERODE and thus render justice.

ORDER

This Criminal Original Petition has been filed seeking a direction to set aside the order dated 30.01.2026 in Crl.M.P.No.5 of 2026 in S.C.No.64 of 2016 on the file of the Sessions Magalir Neethi Mandram, (Fast Track Mahila Court), Erode.

2. The petitioner lodged a complaint against the respondents 1 to 4, pursuant to which a case was registered in Crime No.278 of 2013. On completion of investigation, a final report was filed and the same was taken on file in SC.No.64 of 2016. During the pendency of the trial, the respondents 1 to 4/accused, filed Crl.MP.No.5 of 2026 seeking to recall PW1 to PW9. The Trial Court by order dated 30.01.2026, partly allowed the petition, permitting to recall PWs.1, 2, 8 and 9 and dismissed in respect of PWs.3 to 7. Aggrieved by the said order, the present petition has been filed.

3. The contention of the petitioner is that PW1, the de facto complainant/victim and PW2, her mother, were examined in chief on 05.08.2016 and the remaining witnesses were ex

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