Crl.O.P.No.21398 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.08.2026 CORAM : THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.O.P.No.21398 of 2026 and Crl.M.P.No.14520 of 2026 Kalaivani .. Petitioner Versus D.Lilly Mary .. Respondent Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S, to set aside the order, dated 21.07.2026 made in Crl.M.P.No.18 of 2026 in S.T.C.No.244 of 2023, on the file of the learned Judicial Magistrate, Fast Track Court at Magisterial Level-II, Coimbatore. For Petitioner : Mr.W.Camyles Gandhi For Respondent : No appearance ORDER Inspite of the notice being served, the respondent has not appeared before this Court today. 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21398 of 2026 2. It is seen that the petitioner, even though had filed an application to recall P.W.1, did not comply with the conditional order and as such, once again the matter is closed. Now, it is stated that the matter is posted for arguments. 3. Considering the plea made that no cross-examination at all was done, I am of the view that an opportunity can be granted to the petitioner. 4. In view thereof, this Criminal Original Petition is allowed on the following terms:- (i) The petitioner shall deposit a sum of Rs.5,000/- as costs for P.W.1 before the Trial Court, within a period of two weeks from the date of receipt of a web-copy of this order; (ii) Upon such deposit, the Trial Court shall reopen the matter for cross-examination of P.W.1 and direct P.W.1 to be present for cross- examination on any convenient date and the cross-examination shall be done on the same date. (iii) No further extension of time, either to deposit the money or for cross-examination, will be granted. 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21398 of 2026 (iv) Consequently, connected miscellaneous petition is closed. 06.08.2026 Neutral Citation : yes/no grs To The Judicial Magistrate, Fast Track Court at Magisterial Level-II, Coimbatore. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21398 of 2026 D.BHARATHA CHAKRAVARTHY, J. grs Crl.O.P.No.21398 of 2026 and Crl.M.P.No.14520 of 2026 06.08.2026 4/4 https://www.mhc.tn.gov.in/judis