Crl.O.P.(MD)No.13876 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2025 CORAM : THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.13876 of 2025 and Crl.M.P.(MD)No.11106 of 2025 V.K.T.Pramaeshwaran ... Petitioner versus S.S.C.Sakthivel ...Respondent Prayer : Criminal Original Petition filed under Section 528 of BNSS, to set aside the order passed in Crl.M.P.No.2 of 2025 on the file of the learned Judicial Magistrate, Melur, dated 15.05.2025 and consequently, forbear the respondent from adducing evidence as D.W.2 in S.T.C.No.18 of 2020 on the file of the learned Judicial Magistrate, Melur. For Petitioner : Mr.M.Ponniah ORDER The petitioner is the complainant in S.T.C.No.18 of 2020 on the file of the learned Judicial Magistrate, Melur. He has filed this petition challenging the order dated 15.05.2025 passed in Crl.M.P.No.2 of 2025 in S.T.C.No.18 of 2020 on the file of the learned Judicial Magistrate, allowing 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13876 of 2025 the petition filed by the respondent/accused to examine himself as D.W.2. 2. The learned counsel for the petitioner submits that before examining D.W.2, the respondent/accused has examined a third party as D.W.1 and thereafter, the respondent/accused has filed a petition in Crl.M.P.No.2 of 2025 to examine himself as D.W.2. The learned Judicial Magistrate has also entertained the said petition and allowed the same, by order dated 15.05.2025. Challenging the same, the petitioner has filed this petition. 3. The accused is also having a right to establish his case before the trial Court. Therefore, this Court is not inclined to entertain this petition. 4. Accordingly, this Criminal Original Petition is dismissed with liberty to the petitioner to cross examine D.W.2 and establish his case. Consequently, connected miscellaneous petition is closed. 21.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes ogy 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13876 of 2025 To 1. The learned Judicial Magistrate, Melur. 2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13876 of 2025 B.PUGALENDHI, J. ogy Crl.OP(MD)No.13876 of 2025 21.08.2025 4/4 https://www.mhc.tn.gov.in/judis