CRL OP No. 18252 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 18252 of 2026 and CRL.MP.No.12171 of 2026 Dineshwaran S/o.Kumar, No.67/5, Annai Nagar, Thathanur, Ayohigapatnam, Salem - 636103. ..Petitioner(s) Vs The State of Tamilnadu Rep by The Inspector of Police Ammapet Police Station, Salem. ..Respondent(s) Prayer: This Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to set aside the order passed by the learned Sessions Judge Mahila Court, Salem In CMP.No.1655/2024 in S.C.No.474/2016 dated 08.11.2024 and allow the petitioner. For Petitioner(s): Mr.S.Parthasarathy For Respondent(s): Mr.R.Rajasekaran Government Advocate (Criminal Side) ORDER The prayer in this Criminal Original Petition is to quash the order dated 08.11.2024 passed in C.M.P.No.1655 of 2024 in S.C.No.474 of 2016. https://www.mhc.tn.gov.in/judis CRL OP No. 18252 of 2026 __________ Page2 of 4 2. The petitioner is facing trial in S.C.No.474 of 2016. The prosecution witnesses were examined during the year 2019. However, the petitioner did not choose to cross-examine them at the relevant point of time. It is the case of the petitioner that, in the year 2024, a new counsel was engaged, and immediately thereafter an application under Section 311 of the Cr.P.C was filed seeking recall of the witnesses. The said application came to be dismissed by the trial Court by order dated 08.11.2024. 3. Thereafter, the present Criminal original Petition has been filed only in the year 2026, nearly two years after the dismissal of the application by the trial Court. 4. Though Section 311 of the Code of Criminal Procedure confers wide powers upon the Court to recall witnesses in the interest of justice, such power cannot be exercised mechanically or after an inordinate and unexplained delay. It must also be borne in mind that human memory fades with the passage of time. The witnesses, who were examined in the year 2019, cannot ordinarily be recalled after a lapse of years without any satisfactory explanation. Permitting such recall at this belated stage would cause prejudice to the prosecution and unnecessarily delay the conclusion of the trial. https://www.mhc.tn.gov.in/judis CRL OP No. 18252 of 2026 __________ Page3 of 4 5. While the right of an accused to effectively cross-examine the prosecution witnesses is a valuable right and deserves due protection, the same cannot be permitted to be exercised in a manner intended solely to protract the proceedings. The present case pertains to the year 2016 and has remained pending for nearly ten years. In such circumstances, this Court is not inclined to interfere with the well reasoned order passed by the trial Court. 6. Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed. 14-07-2026 Neutral Citation: Yes/No av To 1. The learned Sessions Judge Mahila Court, Salem. 2. The Inspector of Police Ammapet Police Station, Salem. 3. The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis CRL OP No. 18252 of 2026 __________ Page4 of 4 D.BHARATHA CHAKRAVARTHY, J. av CRL OP No. 18252 of 2026 and CRL.MP.No.12171 of 2026 14-07-2026 https://www.mhc.tn.gov.in/judis