Crl.O.P.No.17144 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.07.2026 CORAM : THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.O.P.No.17144 of 2026 and Crl.M.P.No.11397 of 2026 M.N.Suguumaran .. Petitioner Versus K.Malakondaiah .. Respondent Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, to set aside the docket order, dated 03.06.2026 in S.T.C.No.4000 of 2024 on the file of the learned XIX Metropolitan Magistrate, Allikulam, Chennai and permit the petitioner to cross the P.W.1 (complainant) in view of the order passed in Crl.M.P.No.372 of 2026 on the file of the learned XIX Metropolitan Magistrate, Allikulam, Chennai, dated 07.05.2026. For Petitioner : Mr.K.Kannadhasan For Respondent : No appearance ORDER The prayer in this Criminal Original Petition is to set aide the docket order passed on 03.06.2026 made in S.T.C.No.4000 of 2024 before the learned XIX Metropolitan Magistrate, Allikulam, Chennai. 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17144 of 2026 2. It is seen that apart from sending private notice to the respondent/complainant by registered post, the learned Counsel had also filed a memo before the Trial Court by duly serving a copy on the learned Counsel appearing before the Trial Court. The Trial Court also noted the Criminal Original Petition number in the daily order. Inspite thereof, the respondent/complainant is not appearing before this Court and therefore, the service is treated as complete. 3. It is seen that the petitioner/accused had cross-examined P.W.1 and for further cross-examination, he filed the application. The same was allowed on payment of costs of Rs.5000/-. While the petitioner/accused paid the costs and when the respondent/complainant was present, the learned Counsel for the petitioner/accused was not present for cross-examination at the relevant time and therefore, the matter was closed. 4. Considering the fact that the Trial Court already granted an opportunity to the petitioner/accused and only on account of the accused’s Counsel not being present at that time, the cross-examination could not be 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17144 of 2026 carried on, one more opportunity is granted to the petitioner/accused. 5. Accordingly, this Criminal Original Petition is allowed on the following terms:- (i) The docket order, dated 03.06.2026 shall stand set aside and the matter shall stand posted for further cross-examination of P.W.1; (ii) The Trial Court shall intimate P.W.1 to be present in the next date of hearing or any other date, as may be insisted by the Trial Court; (iii) Making it clear that it is only the learned Counsel for the petitioner/accused who should be waiting for the witness and cross- examine at any time and the witness will not wait for the learned Counsel for the petitioner/accused, no further opportunity will be granted and the cross-examination should be completed on the same day. (iv) Consequently, connected miscellaneous petition is closed. 28.07.2026 Neutral Citation : no grs To The XIX Metropolitan Magistrate, Allikulam, Chennai. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17144 of 2026 D.BHARATHA CHAKRAVARTHY, J. grs Crl.O.P.No.17144 of 2026 and Crl.M.P.No.11397 of 2026 28.07.2026 4/4 https://www.mhc.tn.gov.in/judis