Pandeeswaran v. Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P Nos.2074 and 2379 of 2024 Pandeeswaran

...Petitioner in both Crl Ops

Vs.

The State Rep. By The S.H.O Valathy Police Station, Villupuram

...Respondents in both Crl OPs

Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure praying to set-aside the orders passed in Crl MP No.618 of 2023 dated 10.01.2024 (prayer in Crl OP No.2074 of 2024) and Crl MP No.734 of 2023 dated 10.01.2024 (Prayer in Crl OP No.2379 of 2024) in respect of Special C No.43 of 2022 on the file of Special Court for Trial of Narcotis Drugs and Psychotropic Substances Act cases at Villupuram and permit to cross examine the witnesses.

In both Crl OPs For Petitioner : Mr.D.Mario Johnson For Respondent : Mr.A.Damodaran, APP 1/6

COMMON ORDER These petitions have been filed challenging the order passed by the Court below in Crl MP No.613 of 2023 and 734 of 223 dated 10.01.2024, dismissing the applications filed under Section 311 of Cr.PC to recall PW4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 21 and 24 for cross examination.

2. Heard Mr.D.Mario Johnson, learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor for respondent.

3. The petitioner who has been arrayed as A1 is facing trial before the Court below for offense under Section 294(b), 352, 353, 307, 120(b) of IPCand 20(b) (ii) ©, 25, 29(c) of Narcotic Drugs and Psychotropic Substances Act and Section 4(1) (a) of the Tamil Nadu Prohibition Act. The prosecution had examined nearly 24 witnesses in this case and none of these witnesses were cross examined on the side of the petitioner. Hence, the petitioner filed two applications for recalling some of the witnesses for cross examination. These applications came to be dismissed by the Court 2/6

below mainly on the ground that there was sufficient opportunity for the petitioner to cross examine the witnesses and inspite of the same, those witnesses were not cross-examined and therefore, the claim made by the petitioner is devoid of merits. The Court below also took into consideration the direction that was issued by this Court to dispose of the main case within a time frame.

4.

When the matter came up for hearing during the previous occasion, this Court directed the learned counsel for the petitioner to choose the important witnesses who must be recalled for cross examination. This is in view of the fact that the petitioner is facing serious charges before the Court below and therefore, one opportunity must be given to the petitioner to cross examine the important witnesses. Accordingly, the matter was directed to be posted today.

5.

When the matter was called today, the learned counsel for the petitioner submitted that the petitioner wants to recall PW4, 5, 9 and 11 who are the eye witnesses. PW20, who is the Doctor who gave the certificate and also PW21 and 24, who are the police officers. 3/6

6.

The learned Additional Public Prosecutor on instructions submitted that totally six accused persons are facing trial before the Court below and the case is now posted for examination of PW21 and 24 on 16.02.2024.

7.

Taking into consideration the facts and circumstances of the case and also in order to afford an opportunity to the petitioner to recall the important witnesses for cross examination, considering the serious charges faced by the petitioner, the order passed by the Court below is partly setaside. The Court below is directed to recall PW4, 5, 9, 10, 11, 20, 21 and 24. These witnesses shall be cross examined on the same day they are present before the Court. The cross examination shall also be completed on the same day. If for any reasons, the petitioner fails to cross examine these witnesses, the petitioner will lose his right to recall the witnesses in future. 8.

These Criminal Original Petitions are partly allowed with the above terms and the Court below shall complete the proceedings in Spl 4/6

Special C No.43 of 2022 on the file of Special Court for Trial of Narcotis Drugs and Psychotropic Substances Act cases at Villupuram, within a period of three months from the date of receipt of a copy of this order. 14.02.2024 Index : Yes/No Internet : Yes/No Speaking Order :Yes/No rka To

1. The Special Court for Trial of Narcotis Drugs and Psychotropic Substances Act cases at Villupuram

2. The State Rep. By The S.H.O Valathy Police Station, Villupuram 3.The Public Prosecutor, High Court, Madras.

5/6

N.ANAND VENKATESH, J rka 14.02.2024 6/6