M.N.Suguumaran Vs K.Malakondaiah — Madras HC (2026) — LawSathi Research

M.N.Suguumaran Vs K.Malakondaiah — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

One final opportunity to the petitioner/accused to complete the cross-examination of P.W.1: docket order dated 03.06.2026 set aside; matter posted for further cross-examination of P.W.1; Trial Court to intimate P.W.1 to attend; petitioner/accused's counsel alone to wait for the witness and cross-examine at any time; no further opportunity thereafter and cross-examination to be completed on the same day; connected miscellaneous petition (Crl.M.P.No.11397 of 2026) closed.

Issue for consideration

Whether the docket order dated 03.06.2026 in S.T.C.No.4000 of 2024 (by which the matter stood closed after the petitioner/accused's counsel absented himself at the further cross-examination of P.W.1) should be set aside so as to permit the petitioner/accused to cross-examine P.W.1 (complainant), in view of the earlier order in Crl.M.P.No.372 of 2026 dated 07.05.2026.

Court's answer

The docket order dated 03.06.2026 shall stand set aside and the matter shall stand posted for further cross-examination of P.W.1.

Ratio / Principle

One more opportunity is granted to the petitioner/accused because the Trial Court had already granted an opportunity and the cross-examination could not be carried on only on account of the accused's Counsel not being present at that time.

Key takeaways

It is made clear that it is only the learned Counsel for the petitioner/accused who must wait for the witness and cross-examine at any time; the witness will not wait for the petitioner/accused's counsel.ratio¶¶30
No further opportunity will be granted and the cross-examination must be completed on the same day.ratio¶¶30
The Trial Court shall intimate P.W.1 to be present on the next date of hearing or on any other date as may be insisted by the Trial Court.

Detailed headnote1 paragraphs

Madras High Court (D. Bharatha Chakravarthy, J.), decision dated 28.07.2026 — Crl.O.P.No.17144 of 2026, filed under Section 528 of BNSS, 2023: Allowed. M.N.Suguumaran, accused in S.T.C.No.4000 of 2024 (XIX Metropolitan Magistrate, Allikulam, Chennai), sought setting aside of the docket order dated 03.06.2026 so as to cross-examine P.W.1 (complainant K.Malakondaiah). His earlier leave for further cross-examination (Crl.M.P.No.372 of 2026, dated 07.05.2026) had been allowed on costs of Rs.5000/-, but on the appointed day, though the costs were paid and the complainant was present, the petitioner's counsel was absent, and the matter was closed. Observing that the Trial Court had already granted one opportunity and that the failure was solely on account of the accused's counsel's absence, the Court granted one more (final) opportunity on terms: the docket order stands set aside and the matter stands posted for further cross-examination of P.W.1, whom the Trial Court shall intimate to attend; only the petitioner/accused's counsel must wait for the witness and cross-examine at any time; no further opportunity will be granted and the cross-examination must be completed on the same day. Connected Crl.M.P.No.11397 of 2026 closed.

Crl.O.P.No.17144 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2026

CORAM :

THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

Crl.O.P.No.17144 of 2026 and Crl.M.P.No.11397 of 2026

M.N.Suguumaran

.. Petitioner

Versus

K.Malakondaiah .. Respondent

Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, to set aside the docket order, dated 03.06.2026 in S.T.C.No.4000 of 2024 on the file of the learned XIX Metropolitan Magistrate, Allikulam, Chennai and permit the petitioner to cross the P.W.1 (complainant) in view of the order passed in Crl.M.P.No.372 of 2026 on the file of the learned XIX Metropolitan Magistrate, Allikulam, Chennai, dated 07.05.2026.

For Petitioner : Mr.K.Kannadhasan For Respondent : No appearance

ORDER

The prayer in this Criminal Original Petition is to set aide the

docket order passed on 03.06.2026 made in S.T.C.No.4000 of 2024 before the learned XIX Metropolitan Magistrate, Allikulam, Chennai.

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Crl.O.P.No.17144 of 2026

It is seen that apart from sending private notice to the respondent/complainant by registered post, the learned Counsel had also filed a memo before the Trial Court by duly serving a copy on the learned Counsel appearing before the Trial Court. The Trial Court also noted the Criminal Original Petition number in the daily order. Inspite thereof, the respondent/complainant is not appearing before this Court and therefore, the service is treated as complete.

It is seen that the petitioner/accused had cross-examined P.W.1 and for further cross-examination, he filed the application. The same was allowed on payment of costs of Rs.5000/-. While the petitioner/accused paid the costs and when the respondent/complainant was present, the learned Counsel for the petitioner/accused was not present for cross-examination at the relevant time and therefore, the matter was closed.

Considering the fact that the Trial Court already granted an opportunity to the petitioner/accused and only on account of the accused’s Counsel not being present at that time, the cross-examination could not be

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carried on, one more opportunity is granted to the petitioner/accused.

Accordingly, this Criminal Original Petition is allowed on the

following terms:-

(i) The docket order, dated 03.06.2026 shall stand set aside and the matter shall stand posted for further cross-examination of P.W.1 ;

(ii) The Trial Court shall intimate P.W.1 to be present in the next date of hearing or any other date, as may be insisted by the Trial Court;

(iii) Making it clear that it is only the learned Counsel for the petitioner/accused who should be waiting for the witness and crossexamine at any time and the witness will not wait for the learned Counsel for the petitioner/accused, no further opportunity will be granted and the cross-examination should be completed on the same day.

(iv) Consequently, connected miscellaneous petition is closed.

28.07.2026

Neutral Citation : no grs To

The XIX Metropolitan Magistrate, Allikulam, Chennai.

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D.BHARATHA CHAKRAVARTHY, J.

grs

Crl.O.P.No.17144 of 2026 and Crl.M.P.No.11397 of 2026

28.07.2026

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