Madras High CourtCRL OP/2730/2023dismissed

Saravanan v. Shanthi

2023-02-14Honourable Mr Justice G. Chandrasekharan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.2730 of 2023 and Crl.M.P.No.1597 of 2023 Saravanan ...

Petitioner Vs.

Shanthi ...

Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to set aside the order passed in C.M.P.No.3676 of 2022 in C.C.No.100 of 2021 dated 23.12.2022 on the file of the learned Judicial Magistrate, Fast Track Court, (Magisterial level), Kallakurichi and permit the petitioner to recall P.W.1 and permit the petitioner to cross examine P.W.1. For Petitioner : Mr.T.Muruganantham For Respondents : No appearance

ORDER

This Criminal Original Petition has been filed to set aside the order passed in C.M.P.No.3676 of 2022 in C.C.No.100 of 2021 dated 23.12.2022 on the file of the learned Judicial Magistrate, Fast Track Court, (Magisterial level), Kallakurichi and permit the petitioner to recall P.W.1 and permit the 1/6

petitioner to cross examine P.W.1.

2.The learned counsel for the petitioner submitted that petitioner filed a petition to recall P.W.1 for the purpose of further cross-examination and P.W.2 for cross-examination. The learned Judicial Magistrate, Fast Track Court, (Magisterial level), Kallakurichi, allowed the petition in part permitting the cross-examination of P.W.2, but dismissed the prayer for further crossexamination of P.W.1. Challenging that order, this petition is filed. 3.It is the submission of the learned counsel for the petitioner that certain important questions had been omitted to be asked to P.W.1. The learned counsel for the petitioner was coming from Gudiyatham and therefore that caused the omission, to put some questions. 4.Considered the submission of the learned counsel for the petitioner and perused the records.

5.The order of the learned Judicial Magistrate, Fast Track Court, (Magisterial level), Kallakurichi, reads that P.W.1 was examined on 2/6

28.03.2022 and the case was posted for cross-examination on 11.04.2022. On 11.04.2022 P.W.1 was present till 4.30 P.M., but the learned counsel for the accused failed to cross-examine P.W.1. Therefore, the evidence of P.W.1 was closed. As per the order passed in C.M.P.No.1093 of 2022, P.W.1 was crossexamined at length on 08.07.2022. Then P.W.2 was examined in chief on 25.07.2022. But P.W.2 was not cross-examined. Then the petitioner was absent for second questioning and therefore NBW was issued against accused on 11.08.2022. Petitioner surrendered before the Court on 12.12.2022 and NBW was recalled and the second questioning was completed. At this stage, the petition to recall P.W.1 for further cross-examination and P.W.2 for crossexamination was filed.

The learned Judicial Magistrate, Fast Track Court, (Magisterial level), Kallakurichi, found that P.W.1 was cross-examined at length and therefore the prayer for recall of P.W.1 for the purpose of further cross-examination cannot be entertained. However, allowed the petition to recall of P.W.2 for the reason that P.W.2 was not at all cross-examined. 6.On going through the order, this Court finds that the learned Judicial Magistrate, Fast Track Court, (Magisterial level), Kallakurichi, has considered every aspect while considering the petition for recall of P.W.

cross-examination. It is seen from the order that P.W.1 was cross-examined at length. The cross-examination of witness should be completed on the same date of chief-examination. Cross-examination of a witness long after the examination of chief would affect the veracity of the evidence. P.W.1 was already cross-examined in this case. Therefore, this Court finds there is no ground made out to take a different view of the matter, than the view taken by the learned Judicial Magistrate, Fast Track Court, (Magisterial level), Kallakurichi. Order of learned Judicial Magistrate, Fast Track Court, (Magisterial level), Kallakurichi, is confirmed. 7.Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 14.02.2023 (1/2) ep Internet:Yes Index:Yes/No Speaking/Non speaking order 4/6

To:

1.The Judicial Magistrate, Fast Track Court, (Magisterial level), Kallakurichi .

2.The Public Prosecutor, High Court of Madras.

5/6

G.CHANDRASEKHARAN, J.

ep Crl.O.P.No.2730 of 2023 and Crl.M.P.No.1597 of 2023 14.02.2023 6/6