Crl.O.P.No.7706 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :17.03.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7706 of 2025 and Crl.M.P.No.4984 of 2025 Dr.L.Srinivasan ... Petitioner Vs. The State Rep. by The Inspector of Police, All Women Police Station - Ayanavaram Range, Chennai District. (Cr.No.7 of 2018) ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records culminating in Crl.M.P.No.24 of 2025 in C.C.No.21 of 2020 on the file of the learned Additional Mahila Court at Magistrate Level at Egmore, set aside the same. For Petitioner : Mr.B.Mohan For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side) https://www.mhc.tn.gov.in/judis Crl.O.P.No.7706 of 2025 ORDER This Criminal Original Petition has been filed challenging the order dated 20.02.2025, passed by the learned Additional Mahila Court at Magistrate Level at Egmore, in Crl.M.P.No.24 of 2025 in C.C.No.21 of 2020, thereby dismissing the petition filed by the petitioner to recall P.W.1 for further cross-examination. 2. The petitioner is an accused and he is facing trail in C.C.No.21 of 2020 for the offences under Sections 294(b), 406, 494, 498(A), 506(ii) of IPC, on the file of the learned Additional Mahila Court at Magistrate Level at Egmore. The victim was examined as P.W.1 and she was cross examined by the petitioner as early as on 20.06.2024. Thereafter, the matter was posted for further deposition of prosecution witnesses. The petitioner filed petition to recall P.W.1 for further cross examination for the reason that the victim filed petition for restitution of conjugal rights and therefore, the subsequent event has to be examined by the petitioner. 3. Heard the learned counsel appearing on either side and perused the materials placed before this Court. https://www.mhc.tn.gov.in/judis Crl.O.P.No.7706 of 2025 4. On perusal of records revealed that the petitioner is husband and P.W.1 is his wife. On the complaint lodged by P.W.1, the petitioner is facing trail for the offences under Sections 294(b), 406, 494, 498(A), 506(ii) of IPC, in C.C.No.21 of 2020 on the file of the learned Additional Mahila Court at Magistrate Level at Egmore. Now, P.W.1 filed petition for restitution of conjugal rights and it would not serve any purpose in the present complaint. That apart, already the petitioner cross-examined P.W.1 fully and therefore, the petitioner cannot be permitted to further cross examine P.W.1. This Court finds no infirmity or illegality in the order passed by the Court below and this petition is liable to be dismissed. However, the learned Additional Mahila Court at Magistrate Level at Egmore, is directed to complete the trial in C.C.No.21 of 2020, within a period of three months from the date of receipt of a copy of this Order. 5. Accordingly, the Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed. 17.03.2025 Neutral citation : Yes/No Speaking/non-speaking order rts https://www.mhc.tn.gov.in/judis Crl.O.P.No.7706 of 2025 G.K.ILANTHIRAIYAN, J. rts To 1. The Additional Mahila Court at Magistrate Level, Egmore. 2. The Inspector of Police, All Women Police Station - Ayanavaram Range, Chennai District. 3. The Public Prosecutor, Madras High Court, Chennai. Crl.O.P.No.7706 of 2025 and Crl.M.P.No.4984 of 2025 17.03.2025 https://www.mhc.tn.gov.in/judis