Madras High CourtCRL OP/833/2018disposed of

P.Elangovan, Aged 34 Years, A3 v. State Of Tamil Nadu Rep. By

2018-01-18Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.833 of 2018 and Crl.M.P.No.276 of 2018 P.Elangovan ... Petitioner/Accused-3 Vs State of Tamil Nadu represented by its The Inspector of Police, E-1, Mylapore Police Station, Mylapore, Chennai 600 003.

Crime No.1438/2010.

... Respondent/complainant Prayer : Criminal Original Petition filed under Section 482 Cr.P.C. to set aside the order dated 20.12.2017 and call the entire records comprised in Crl.M.P.No.360 of 2017 in S.C.No.324 of 2016 made by the Learned 15th Additional Sessions Judge, City Civil Court, Chennai.

For Petitioner :

M/s.Vimal B.Crimson For Respondent :

M/s.V.Sarathadevi Government Advocate [Crl. Side]

O R D E R

On a perusal of the order under challenge, I do not find any infirmity in the order dated 20.12.2017 passed by the learned XV Additional Sessions Judge, City Civil Court, Chennai.

2. Nevertheless, the learned counsel appearing for the petitioner submits that he could not be present on that day, since he was engaged in the other Court.

3. The learned counsel now submits that he would be satisfied if an opportunity is given to cross examine PW's.1,2, and 3 alone and that such cross examination can be restricted to one day.

4. In the result the order dated 20.12.2017 passed in Crl.M.P.No.360 of 2017 in S.C.No. 324 of 2016 on the file of the learned XV Additional Sessions Judge, City Civil Court, Chennai, https://hcservices.ecourts.gov.in/hcservices/

is set aside. Consequently, the petitioner is permitted to cross examine PW's.1,2 and 3 alone on 31.01.2018. It is made clear that such cross examination shall be completed on the same day and the petitioner shall also co-operate with the trial from the next hearing onwards.

5. With the above observations, the Criminal Original Petition is disposed of. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sji/smn To 1.The learned XV Additional Sessions Judge, City Civil Court, Chennai.

2.The Inspector of Police, E-1, Mylapore Police Station, Mylapore, Chennai 600 003.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.Vimal B.Crimson Advocate sr 3943 Crl.O.P.No.833 of 2018 and Crl.M.P.No.276 of 2018 aa25/01/2018 https://hcservices.ecourts.gov.in/hcservices/