Shanta Devi, F/A 89 Years, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2018

CORAM

THE HONOURABLE Mr.JUSTICE M.S.RAMESH Crl.OP.No. 9099 of 2018 and Crl.MP. No. 4690 of 2018 Shanta Devi .. Petitioner Vs 1.State by Inspector of Police, Central Crime Branch, Anti Land Grabbing Special Cell II Vepery, Chennai 2.Nalladurai 3.Kalyanasundaram 4.E.V.Parameswaran .. Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.PC, praying to call for the records and set aside the order dated 12.03.2018 in C.M.P. No. 724 of 2018 in C.C. No.131/2012 on the file of the leanred Judicial Magistrate, Alandur, Kanchipuram District and dismiss the same.

For Petitioner : Mr.S.Veeraragavan, SC for M/s. Mamta Pandey For Respondents : Mrs.Kritika Kamal.P Government Advocate (Crl.Side)-R1 Mr.B.Kumaresan - R2 to R4 - - - -

O R D E R

The prayer in the present petition is to call for the records and set aside the order dated 12.03.2018 in C.M.P. No. 724 of 2018 in C.C. No.131/2012 on the file of the leanred Judicial Magistrate, Alandur, Kanchipuram District and dismiss the same.

2. Heard both sides.

3. I do not find any infirmity in the order passed by the trial Court. The only apprehension of the learned counsel for the petitioner is that under the guise of the cross examination, the petitioner might protract the proceedings. In my view, this can be taken care of, if a specific time is stipulated for completing the cross examination of the witnesses. It is seen that the witnesses, who are sought to be recalled have not been cross examined and this Court of the view that the trial Court was well within its powers to permit them to cross examine for the purpose of arriving at this decision.

4. In the result, there shall be a direction to the learned Judicial Magistrate, Alandur to permit the petitioner to re-call and cross examine PW2 to PW10 and complete the same on 02.04.2018, 03.04.2018 and 04.04.2018.

5. It is made clear that the trial Court shall endeavour that the cross examination shall be completed within the stipulated period of three days (i.e., from 02.04.2014 to 04.04.2014) and should not give further indulgence.

6. At this juncture, the learned counsel appearing for the respondents 2 to 4 undertook to complete the cross examination on these three days and also their arguments on or before 15.04.2018. The said submissions made by the learned counsel appearing for the respondents 2 to 4 are recorded. With the above directions, the Criminal Original Petition stands closed. Consequently, the connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar ak

To 1.The Judicial Magistrate, Alandur, Kanchipuram District.

2.Do- Through The Chief Judicial Magistrate, Kanchipuram District.

3.The Inspector of Police, Central Crime Branch, Anti Land Grabbing Special Cell II Vepery, Chennai 4.The Public Prosecutor, High Court, Madras.

+1cc to Mrs.Mamta Pandey, Advocate, S.R.No.22444 +2cc to Mrs.Mamta Pandey, Advocate, S.R.No.22444(05/04/2018) Crl.OP.No. 9099 of 2018 and Crl.MP. No. 4690 of 2018 NRL(CO) RRK(04/04/2018)