Crl.O.P.No.26072 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.09.2025 CORAM: THE HON'BLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P.No.26072 of 2025 Sathiya ... Petitioner Vs. The State Represented by The Inspector of Police Anaikaran Chathiram PS (AKC) (Crime No.132 of 2019) .. Respondent PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to call for the records and set aside the order passed in Crl.M.P.No.2604/2024 in S.C.No.11 of 2020 on the file of the learned District and Sessions Judge, Mayiladuthurai dated 28.11.2024 and direct permitting remaining below witness PW1,2,3,4,17 & 18. For Petitioner : Mr.Karna Magarajan For Respondent : Mr.R.Vinothraja Government Advocate (Crl.Side) ORDER Challenging the order of the trial Court partly allowing the application to examine few witnesses and dismissing the application to examine main witnesses, the present petition has been filed. 2. The petitioner is facing charges under Sections 294(b), 302 & 307 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.26072 of 2025 of IPC on the file of the learned District and Sessions Judge, Mayiladuthurai. The petitioner is still in the custody even after appointment of a legal aid counsel. When he filed an application to recall the witnesses to cross-examine the witness, the trial court has allowed the application only in respect of PW13, 15 and 19 and with regard to other witness, the petition is dismissed. 3. Heard both sides and perused the materials placed on record. 4. Considering the fact that the accused was facing serious charges and the accused was not property defended by legal aid counsel, the order of the Trial Court stands set aside. The Trial Court shall recall the witnesses namely PWs 1, 2, 3, 4, 17 and 18 and fix specific days for cross examination and the cross examination of all the witnesses shall be conducted within a period of one week. 5. Accordingly, this petition stands allowed. 23.09.2025 Neutral Citation:Yes/No Internet : Yes/No dhk To 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.26072 of 2025 1. The District and Sessions Judge, Mayiladuthurai 2. The Public Prosecutor, Mayiladuthurai 3. The Inspector of Police Anaikaran Chathiram PS (AKC) 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.26072 of 2025 N. SATHISH KUMAR , J. dhk Crl.O.P.No.26072 of 2025 23.09.2025 4/4 https://www.mhc.tn.gov.in/judis