Vijayalakshmi v. Abishekh Jain

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P. No.3577 of 2024 and Crl.M.P. No.2634 of 2024 Vijayalakshmi

...Petitioner

Vs Abisekh Jain ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the order passed by the Learned Metropolitan Magistrate, Fast Track Court-II, Egmore, Allikulam, Chennai in Crl.M.P.No.59988 of 2023 in C.C.No.1684 of 2018 order dated 11.01.2024.

For Petitioner : Mr.E.Kannadasan

O R D E R

This criminal original petition has been filed challenging the order passed by the Court below in Crl.M.P.No.59988 of 2023 in C.C.No.1684 of 2018, dated 11.01.2024, dismissing the application filed under Section 311 of Cr.P.C., to recall PW1 for further cross-examination.

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2.Heard the learned counsel for the petitioner and carefully perused the materials available on record.

3.The only reason why the petitioner wanted to recall PW1 for further crossexamination is to cross-examine him with regard to the compromise that was arrived at between the parties after the issuance of the legal notice. 4.The Court below considered the ground that was raised by the petitioner and found that sufficient questions had already been put to PW1 in the cross-examination in that regard. Therefore, the Court below did not find any ground to entertain this application.

5.This Court does not find any illegality or infirmity in the order passed by the Court below and it does not require the interference of this Court. Accordingly, this criminal original petition stands dismissed. Consequently, connected miscellaneous petition is closed.

19.02.2024 Index : Yes/No Speaking order:Yes/No ssr 2/4

To 1.The Metropolitan Magistrate, Fast Track Court-II, Egmore, Allikulam, Chennai 2.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J ssr Crl.O.P. No.3577 of 2024 and Crl.M.P. No.2634 of 2024 19.02.2024 4/4