CRL OP No. 15630 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 15630 of 2026 and Crl.M.P.No.11919 of 2026 Varadhan S/o.Periyasamy, No.143, Sanyasigundu main road, Kitchipalayam, Salem-6360 15. ..Petitioner(s) Vs Inspector of Police, Shevapet Police Station, Salem. Cr.No.303 of 2021. ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to set aside the order dated 01.06.2026 passed in Crl.MP.No.2740 of 2025 in C.C.No.553 of 2023 on the file of learned Judicial Magistrate III, salem and recall the PW1 and PW5 for cross examination. For Petitioner(s): Mr.L.Ramanathan For Respondent(s): Mr.M.Mohamed Riyaz Government Advocate (Criminal Side) ORDER The prayer in this petition is to set aside the order dated 01.06.2026 made in Crl.M.P.No.2740 of 2025 in C.C.No.553 of 2023 on the file of the Judicial Magistrate Court No.III, Salem. By the said order, prayer of the petitioner to recall the witnesses, P.Ws.1 and 5 for cross examination was denied. https://www.mhc.tn.gov.in/judis CRL OP No. 15630 of 2026 __________ Page2 of 4 2. The learned counsel for the petitioner would submit that earlier the petitioner did not cross examine the witnesses and an opportunity to defend himself should be given. The trial Court has refused the prayer only on the ground that the petitioner did not cross examine the witnesses on the relevant date and after winning over the witness, now trying to recall the them and it amounts to mockery of the trial. 3. Considering the nature of allegation made in this case being exorbitant interest, I am of the view that though no exception can be taken to the view of the trial Court, I am of the view that an opportunity can be granted to the petitioner to recall the witnesses, P.Ws.1 and 5. 4. In view thereof the order dated 01.06.2026 made in Crl.M.P.No.2740 of 2025 in C.C.No.553 of 2023 on the file of the Judicial Magistrate Court no.III, Salem, shall stand set aside and the Crl.M.P.No.2740 of 2025 stands allowed. The petitioner shall pay a sum of Rs.2,000/- each to both the witnesses within five working days, from the date of receipt of the web copy of this order. Upon such payment, the trial Court at its convenient shall issue summons to the said witnesses, P.Ws.1 and 5 and on the witnesses being produced, on the same day the cross examination should be completed. https://www.mhc.tn.gov.in/judis CRL OP No. 15630 of 2026 __________ Page3 of 4 5. With the above directions, this Criminal Original Petition stands allowed. Consequently, the connected miscellaneous petition is closed. 23-07-2026 JER To 1. The Judicial Magistrate III, salem. 2. The Inspector of Police, Shevapet Police Station, Salem. Cr.No.303 of 2021. 3. The Public Prosecutor High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 15630 of 2026 __________ Page4 of 4 D.BHARATHA CHAKRAVARTHY, J. JER CRL OP No. 15630 of 2026 23-07-2026 https://www.mhc.tn.gov.in/judis