S.Prem Kumar v. State of Tamilnadu Rep by Inspector of Police, Emaneswaram

O R D E R This petition has been filed to direct the learned Judicial Magistrate Court, Paramakudi to expeditiously dispose of applicants pending Section 311 Cr.P.C & BNSS 240 petition dated 05.03.2025 in Crl.MP.No.1981 of 2025, also permit re-examination of P/W1(Premkumar) as a prosecution witness (pointing out that the Hon'ble Principal Sessions Court ordered had instructed that both parties be examined) in restored case in C.C.No.128 of 2017 forthwith as per the Hon'ble Principal District and Sessions Court Judgement in C.A.No.20 of 2021 dated 18.11.2021 and confirmed by this Court Judgment in CRL.RC.No.355 of 2022 dated 30.07.2024.

¶2It is submitted that C.A.Nos. 16 and 20 of 2021 were disposed of by judgment dated 18.11.2021, wherein the earlier judgment and sentence were set aside and the matter was remanded to the trial Court for re-trial. Pursuant to the said order, the case is presently pending before the Judicial Magistrate Court, Paramakudi.

¶3The petitioner submits that he had already filed petitions before the trial Court on 05.03.2025 seeking re-trial and also for recall and re-examination of PW1; however, the said petitions have not yet been considered. It is the contention of the petitioner that PW1 ought to be recalled and re-examined in the interest of justice. Hence, the present petition has been filed seeking a direction for the recall and re-examination of PW1.

¶4Considering the limited scope of the prayer, this Court directs the Judicial Magistrate, Paramakudi, to take the petition on file, conduct the necessary proceedings, and dispose of the case as expeditiously as possible. Further, the learned Judicial Magistrate, Paramakudi, shall consider the petitioner's claim for recalling and re-examination of PW1 in accordance with law and in light of the observations made in the appellate judgment.

¶5Accordingly, this Criminal Original Petition is disposed of.

23.02.2026 msrm To

1.The Principal District and Session Court. Ramanathapuram.

¶2The Judicial Magistrate Court, Paramakudi.

¶3The Inspector of Police, Emaneshwaram Police Station, Ramanathapuram District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

S.SRIMATHY,J msrm

ORDER IN

23.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.02.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD.No.2210 of 2026 S.Premkumar ... Petitioner/Accused Vs 1 .The Inspector of Police, Emaneshwaram Police Station, Ramanathapuram District. (Crime No.54 of 2013) ...1st Respondent/Complainant 2. Kalidass ...2nd Respondent/Accused For Petitioner : Mr.S.Premkumar (Party-in-person) For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PRAYER :- This Criminal Original Petition is filed under Section 528 BNSS and 482 of Cr.P.C., to direct the learned Judicial Magistrate Court, Paramakudi to expeditiously dispose of applicants pending Section 311 Cr.P.C & BNSS 240 petition dated 05.03.2025 in Crl.MP.No.1981 of 2025, also permit re-examination of P/W1(Premkumar) as a prosecution witness (pointing out that the Hon'ble Principal Sessions Court ordered had instructed that both parties be examined) in restored case in C.C.No. 128 of 2017 forthwith as per the Hon'ble Principal District and Sessions Court Judgement in C.A.No.20 of 2021 dated 18.11.2021 and confirmed by this Court Judgment in CRL.RC.No.355 of 2022 dated 30.07.2024.