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Madras High Court
Kavikumar vs State Rep By on 6 March, 2026
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl OP No.5109 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.03.2026
CORAM:
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
Crl OP No.5109 of 2026
Kavikumar ... Petitioner
vs
State Rep by
The Inspector of Police,
Kandhili Police Station,
Tirupattur District. .... Respondent
Prayer: Criminal Original Petition filed under Section 528 of BNSS,
2023, to set aside the order passed by the learned District and Sessions
Judge, Tirupattur in Crl MP No.202 of 2026 in Spl SC No.89 of 2024
dated 02.02.2026 by permitting the petitioner to cross examine the PW1
to PW3.
For Petitioner : Mr.S.Ambigapathi
For Respondent : Mr.Leonard Arul Joseph Selvam
Additional Public Prosecutor
ORDER
This criminal original petition is filed to set aside the order passed
by the learned District and Sessions Judge, Tirupattur in Crl MP No.202
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of 2026 in Spl.S.C.No.89 of 2024 dated 02.02.2026 by permitting the
petitioner to cross examine the PW1 to PW3.
2. Heard learned counsel for the petitioner and the learned
Additional Public Prosecutor for the respondent.
3. On perusal of the materials, it is seen that the petitioner is facing
the trial in Spl SC No.89 of 2024 has not cross examined PW1 to PW3
who are examined in Chief on 06.01.2026. The petitioner and PW2 had a
love affair for quite some time. PW1 is the father and PW3 is the mother
of PW2. They have not given approval of the love affair. On earlier
occasion they had beaten the petitioner. But PW2 continued her love
relationship with the petitioner. In fact according to the petitioner, his
relative in Bangalore had died and he gone to attend the funeral on
06.01.2026. It was informed to the Trial Court and the Trial Court also
condone his absence. The defence of cross examination was prayed but it
was not granted. Thereafter, the petitioner has filed a petition under
Section 348 of BNSS on the very next hearing date on 20.01.2026. In the
meanwhile, the petitioner had filed a petition on 12.01.2026 under
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Section 348 of BNSS seeking to recall PW1 to PW3 for the purpose of
cross examination in Crl MP No.202 of 2026 and the same has been
dismissed by an order dated 02.02.2026.
4. It is seen from the contention and from the evidences of the
witness, there was a love affair between the petitioner and PW2. PW2 in
her evidence admitted that she had gone and met the petitioner and one of
the days, PW2's father had seen both of them together and he had beaten
the petitioner. On 05.04.2024, they both of them had gone to Bangalore
and they were staying there. The police had come on 27.04.2024 in
Bangalore and they were taken. PW1 and PW3 admitted that the victim
girl was found missing from 05.04.2024 and they had filed Habeas
Corpus Petition before this Court and thereafter, the victim girl was
secured. The petitioner is aged about 24 years and the victim girl is aged
17 years and few months but less than 18 years. They have been in love
affair despite the objection of the parents. These factors have to be
necessarily put to the witnesses in this case. It is seen that to all the three
witness the Trial Court had shown the photograph of the petitioner and
through the photograph they identified, what is the photograph and when
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was the photograph was taken and now the photograph would be a
substitute of physical identification. No reason has been given.
Subsequently, it may be questioned in the appeal in future. This might be
questioned and very identity would become questionable. Now the
petitioner is ready to cross examine the witnesses in their recall.
5. In view of the above, this Court set aside the order passed by the
Trial Court and directs the Trial Court to issue summons to the witnesses
PW1 to PW3 to appear on 20.04.2026, which the case now been
adjourned. The petitioner on receipt of order, shall deposit Rs.3,000/- to
the credit of Spl SC No.89 of 2024 on the file of the District and Sessions
Judge, Tirupattur.
6. Accordingly, this Criminal Original Petition is disposed of. No
costs.
06.03.2026
Neutral Citation: Yes/No
mtl
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M.NIRMAL KUMAR, J.
mtl
To
1.The Inspector of Police,
Kandhili Police Station,
Tirupattur District.
2. The District and Sessions Judge, Tirupattur.
3. The Public Prosecutor
High Court, Madras.
06.03.2026
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