Crl.O.P.No.6744 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.03.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 6744 of 2025 and Crl.M.P.No.4303 of 2025 K.Selvakumar .... Petitioner Vs The State, Rep. by the Inspector of Police, Madathukulam Police Station, Madathukulam, Tiruppur District. (Crime No.80 of 2020) .... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to eschewing the evidence of Pws.3, 8 to 10 dated 04.09.2024 and 20.11.2024 and they would be re- examine according to their statement under Section 161(3) of Cr.P.C., in S.C.No.21 of 2022 on the file of the Assistant Sessions Judge (Sub- Court), Udumalpet. For Petitioner : Mr.J.Hemakumar For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) https://www.mhc.tn.gov.in/judis Crl.O.P.No.6744 of 2025 O R D E R This Criminal Original Petition has been filed seeking to eschew the evidence of PWs 3, 8 to 10 recorded on 04.09.2024 and 20.11.2024 in S.C. No.21 of 2022 on the file of the Assistant Sessions Judge (Sub- Court), Udumalpet, and to re-examine them in accordance with their statements recorded under Section 161(3) Cr.P.C. 2. The petitioner is the victim in Crime No.80 of 2020 registered for offences under Sections 341, 307, 120-B, 506(ii), 324, 34, and 109 of IPC on the file of the respondent police. After completion of investigation, a final report was filed and the case was taken on file as S.C. No.21 of 2022 by the District Munsif Cum Judicial Magistrate, Madathukulam, and later committed to the Assistant Sessions Judge (Sub-Court), Udumalpet. In the course of trial, PW3, who is an eyewitness, PW8 and PW9, who are witnesses to confession and seizure mahazar, and PW10, who is a hearsay witness, have all been fully examined before the trial court. However, this petition has been filed to re-examine them in accordance with their statements recorded under https://www.mhc.tn.gov.in/judis Crl.O.P.No.6744 of 2025 Section 161(3) Cr.P.C. 3. The learned counsel for the petitioner submits that the evidence of the said witnesses does not reflect the statements recorded under Section 161(3) Cr.P.C., and therefore, their previous testimonies may be eschewed and they may be re-examined in the interest of justice. 4. The learned Government Advocate (Criminal Side) submitted that there is no justification for recalling or eschewing the evidence of these witnesses, as they have been examined in detail before the trial court and there is no material irregularity warranting such an action. 5. Heard the learned counsel appearing on either side and perused the materials placed on record. 6. On perusal of the records, it is seen that PWs 3, 8 to 10 have categorically deposed before the Trial court. There is no material contradiction or inconsistency that warrants eschewing their evidence. Page 3 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.6744 of 2025 That apart, the petitioner has already been examined as PW1. No useful purpose would be served by eschewing their prior testimonies and recalling them for re-examination. The plea for re-examination on the ground of deviation from their 161 Cr.P.C. statements does not merit consideration at this stage. 7. Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed. 10.03.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order shk https://www.mhc.tn.gov.in/judis Crl.O.P.No.6744 of 2025 To 1.The Assistant Sessions Judge (Sub-Court), Udumalpet. 2.The Inspector of Police, Madathukulam Police Station, Madathukulam, Tiruppur District. 3. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis Crl.O.P.No.6744 of 2025 G.K.ILANTHIRAIYAN, J. shk Crl.O.P.No. 6744 of 2025 and Crl.M.P.No.4303 of 2025 10.03.2025 https://www.mhc.tn.gov.in/judis