R.Vetrivel v. R.Mohanasundaram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-12-2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN R.Vetrivel Petitioner(s) Vs R.Mohanasundaram Respondent(s) PRAYER To call for records in Crl.MP.No.2344 of 2025 in STC.No.8241 of 2021 dated 01.12.2025 on the file of the Judicial Magistrate No-IV, Salem and set aside the same and allow this revision petition For Petitioner(s):

Dr.A.Thiyagarajan, Senior Counsel For Mr.K.M.Jayapal

ORDER

The Criminal Revision Case has been filed challenging the order dated 01.12.2025 passed in STC No.8241 of 2021 by the learned Judicial Magistrate No-IV, Salem, dismissing the application filed by the petitioner/ accused application seeking permission to examine herself as a defence witness by filing a proof affidavit.

2. The learned Senior Counsel appearing for the petitioner would submit that the complainant and the accused cannot be differentiated and that the accused also should be permitted to examine herself by filing a proof affidavit.

3. Without going into the merits of the contentions raised, this Court is of

the view that no prejudice would be caused to the petitioner if she is permitted to examine herself, as a defence witness by recording her chief-examination on oath instead of filing a proof affidavit. Therefore, this Court is not inclined to set aside the impugned order. However, it is made clear that the petitioner shall be permitted to examine herself as a witness.

4. With the above observation, the criminal revision case stand disposed of.

19-12-2025 skr Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. Learned Judicial Magistrate No.IV, Salem.

2. The Public Prosecutor, Madras High Court.

SUNDER MOHAN J.

skr 19-12-2025