Shanmugasundaram v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.09.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.3136 of 2022 Shanmugasundaram ....
Petitioner Vs State rep by Inspector of Police, All Women Police Station, Harur.
....
Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to set aside the order dated 14.12.2021 passed in Crl.M.P.No.3582 of 2021 in C.C.No.51 of 2012 on the file of the Judicial Magistrate Court, Harur, Dharmapuri.
For Petitioner : Mr.J. Pradeep For Respondent : Mr.E. Raj Thilak Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to set aside the order dated 14.12.2021 passed in Crl.M.P.No.3582 of 2021 in C.C.No.51 of 2012 on the file of the Judicial Magistrate Court, Harur, Dharmapuri, thereby allowing the petition filed under Section 311 of Cr.P.C to recall 1/4
P.W.1 filed by the prosecution.
2. Heard, Mr.J. Pradeep, the learned counsel appearing for the petitioner and Mr.E.Raj Thilak, learned Additional Public Prosecutor appearing for the respondent.
3. The learned counsel appearing for the petitioner would submit that the documents, which were intended to mark through P.W.1, are no way related to the case. Therefore, the Court below ought not to have allowed the petition to recall P.W.1.
4. A perusal of the records reveals that the petitioner is facing charges for the offence under Sections 494, 498A of IPC and Section 4 of Dowry Prohibition Act, the documents are relevant or irrelevant can come to the light only during the trial. However, the petitioner can very well cross examine P.W.1 in respect of the documents which are going to be marked. Therefore, no prejudice would be caused to the petitioner, to mark documents through P.W.1.
5. In view of the above, this Court finds no infirmity or illegality 2/4
in the order passed by the Court below. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.
13.09.2022 Internet: Yes Index : Yes/No Speaking/Non Speaking order vsn/Lpp To
1. The Judicial Magistrate, Harur, Dharmapuri.
2. The Inspector of Police, All Women Police Station, Harur.
3. The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN. J, 3/4
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