CRL OP No. 19744 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 19744 of 2026 and CRL.MP.No.13082 of 2026 Perumal ..Petitioner(s) Vs The State Rep. by the Inspector of Police Thalaivasal Police Station, Salem District. Crime No.24 of 2016. ..Respondent(s) Prayer: This Criminal Original Petition is filed under Section 528 of BNSS, praying to set aside the order passed by the learned Assistant Sessions Judge, Attur, Salem District in Crl.MP.No.4-A/2024 in SC.No.376 of 2016 dt.26.02.2024 and thus render justice. For Petitioner(s) : Mr.E.Kannadasan For Respondent(s): Mr.R.Rajasekaran, Government Advocate (Crl. Side) __________ Page1 of 5 https://www.mhc.tn.gov.in/judis CRL OP No. 19744 of 2026 ORDER This Criminal Original Petition is filed challenging the docket order passed on 26.02.2024 in Crl.MP.No.4-A/2022 in SC.No.376 of 2016. 2. The said order is passed refusing the prayer made by the petitioner to recall PW1 and PW5 to PW7 for cross examination. It is seen that the Sessions case is of the year 2016 and is pending for the past ten years. The application itself was filed in the year 2022. The Trial Court noted that earlier the prayer for recall was allowed, however, the petitioner did pay the costs. Even the dismissal of the Trial Court was in the year 2024. Now, in the year 2026, the present Criminal Original Petition is moved. Though the right of defence is a valuable right, it cannot be extended to the point that it will result in perpetual pendency of the case. 3. Therefore, considering the fact that the petitioner accused kept quiet when the witnesses were examined and even when the recall application was filed, he did not cross examine the other witness, who were appearing before the Court on that day and considering the fact that once the prayer was already allowed and even thereafter he did not pay the bata amount as directed by the Court and even after dismissal of his case, he choose to keep quite for another __________ Page2 of 5 https://www.mhc.tn.gov.in/judis CRL OP No. 19744 of 2026 two years, the plea of right of defence if granted in the instant case, would result in injustice to the prosecution of the victim. The right of fair trial not only includes the right of the accused to a fair defence, but also includes the interest of victim and the prosecution. 4. Considering the overall facts and circumstances of the case, the prayer made in the Criminal Original Petition cannot be countenanced, as such it is dismissed. Consequently, connected miscellaneous petition is closed. 23-07-2026 Neutral Citation: No PVS __________ Page3 of 5 https://www.mhc.tn.gov.in/judis CRL OP No. 19744 of 2026 To 1. The Assistant Sessions Judge, Attur. 2. The Inspector of Police Thalaivasal Police Station, Salem District. Crime No.24 of 2016. 3.The Public Prosecutor, High Court, Madras. __________ Page4 of 5 https://www.mhc.tn.gov.in/judis CRL OP No. 19744 of 2026 D.BHARATHA CHAKRAVARTHY, J. PVS CRL OP No. 19744 of 2026 23-07-2026 __________ Page5 of 5 https://www.mhc.tn.gov.in/judis