Nellai Catered v. Sri Balajiraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-08-2025 CORAM THE HONOURABLE MR JUSTICE P. VELMURUGAN AND CRL OP NO. 21614 OF 2025, CRL MP NO. 14793 OF 2025 & CRL MP NO. 14791 OF 2025

¶1Nellai Catered No.65, Rathinasamipuram, Omalur Main Road, Salem - 636 009.

2.Nithya Wife of Venkatesh, 217, Kongu Manager, Bakers Colony, Phase-2, Coimbatore - 641 035. Petitioners in both OPs Vs

¶1Sri Balajiraj Son of Rajarathinam, D.No.125, Town Railway Station Road, Salem - 636 001. Respondent in both OPs PRAYER This Criminal Original Petition is filed under Section 528 of BNSS, to set aside the order passed in C.M.P.No.1821 of 2025 in S.T.C.No.4454 of 2020 dated

09.06.2025, pending on the file of the Judicial Magistrate No.III at Salem. CRL OP No. 21614 of 2025 PRAYER This Criminal Original Petition is filed under Section 528 of BNSS,To setaside the order passed in C.M.P.No.1820 of 2025 in STC.No.4454 of 2020 dated

09.06.2025 pending on the file of the Judicial Magistrate No.III at Salem. For Petitioner(s): Mr.R.Jayaprakash COMMON ORDER These Criminal Original Petitions have been filed to set aside the order passed in C.M.P.Nos.1820 & 1821 of 2025 in S.T.C.No.4454 of 2020, dated

09.06.2025, pending on the file of the Judicial Magistrate No.III at Salem.

¶2Heard the learned counsel for the petitioners and perused the materials available on record.

¶3Learned counsel for the petitioners submitted that the petitioners have filed petition in CMP No.1821 of 2025 under Section 311 Cr.P.C., for recalling P.W.1 for cross examination and also filed a petition in CMP No.1820 of 2025 under Section 254(2) Cr.P.C., for examination of the Bank Manager, on the file of the Judicial Magistrate No.III, Salem. The learned Magistrate, vide order dated 09.06.2025, dismissed both the petitions. Aggrieved by the same, the petitioners have filed these criminal original petitions. He further submitted that, since the earlier counsel had not properly conducted the case, and the new counsel advised the petitioner that the witness has to be recalled for further cross-examination.

¶4Though sufficient opportunities have been given to the petitioners and P.W.1 was also cross-examined extensively, change of the counsel is not the ground for recalling the witness. Considering the submissions made by the learned counsel on either side and also considering the facts and circumstances of the case, this Court does not find any reason to interfere with the impugned order passed by the learned Magistrate. The learned Judicial Magistrate No.III, Salem is directed to proceed with the trial in STC.No.4454 of 2020 in accordance with law, as expeditiously as possible.

¶5With the abovesaid direction, these Criminal Original Petitions are dismissed. Consequently, connected miscellaneous petitions are closed. 01-08-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes To The Judicial Magistrate No.III at Salem CRLeOPeNo.e21606eofe2025 P.VELMURUGANoJ. mfa CRLoOPoNo.o21606oofo 2025 ANDoCRLoOPoNO.o 21614oOFo2025,CRLoMPo NO.o14793oOFo2025,CRLo MPoNO.o14791oOFo2025 01-08-2025