M.Rajan, v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2017

CORAM:

THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.O.P.No.7801 of 2017 And Crl.M.P.No.5638 of 2017 M.Rajan ... Petitioner Vs.

State represented by Inspector of Police, Perundurai Police Station, Perundurai, Crime No.943/2011.

... Respondent PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in C.C.No.37/2012 on the file of the District Munsif Cum Judicial Magistrate Court, Perundurai and set aside the order of dismissal dated 09.02.2017, passed in C.M.P.No.823 of 2016 in C.C.No.37/2012 and direct the Learned District Munsif Cum Judicial Magistrate, Perundurai to recall the witnesses PW1 and PW2.

For Petitioner :

Mr.K.R.Samratt For Respondent :

Mr.M.Mohammed Riyaz Government Advocate (Crl. Side)

O R D E R

Petitioner seeks to set aside the order dated 09.02.2017, passed in C.M.P.No.823 of 2016 in C.C.No.37 of 2012 by the District Munsif Cum Judicial Magistrate Court, Perundurai and further direction to the learned District Munsif Cum Judicial Magistrate, Perundurai to recall the witnesses PW1 and PW2.

2. Heard learned counsel for petitioner and learned Government Advocate [Crl.side].

3.Petitioner has filed petition under Section 311 of Cr.P.C. before the Court below seeking to recall the witnesses PW1 and PW2 and it was dismissed by the Court below stating that it has been filed with a delay of nearly three years . Challenging the same, this petition has been filed.

https://hcservices.ecourts.gov.in/hcservices/

4.Finding no merits in the petition and being of the view that the Court below is right in dismissing the petition seeking to recall the witnesses which has been moved after very much delay, this Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petition is also closed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar pri To

1. The District Munsif Cum Judicial Magistrate Court, Perundurai

2. The Inspector of Police, Perundurai Police Station, Perundurai, Crime No.943/2011.

3. The Public Prosecutor, High Court of Madras, Chennai.

+1cc to Mr.K.R.Samratt, Advocate Sr. 24187 Crl.O.P.No.7801 of 2017 And Crl.M.P.No.5638 of 2017 VGII(CO) VR(16/5/2017) https://hcservices.ecourts.gov.in/hcservices/