Sunil Kumar M.Tapadia v. State (Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.1483 of 2015 Sunil Kumar M.Tapadia .. Petitioner Vs 1.State rep.by The Inspector of Police, Crime Branch, Egmore, Chennai.

2.Nathmal Jain ..

Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., directing the III Metropolitan Magistrate, George Town, Chennai to dispose of C.C.No.1999 of 2001 pending on his file within such period. For Petitioner :

Mr.M.Rajavelu For R1 :

Mr.C.Emalias, Additional Public Prosecutor

ORDER

Seeking a direction to the III Metropolitan Magistrate, George Town, Chennai to dispose of C.C.No.1999 of 2001 pending on his file.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent. 3.On a complaint given by the petitioner, the respondent Police registered a case in Crime No.1044 of 1997 and after completing investigation, the respondent Police filed a final report, which was taken on file as C.C.No.1999 of 2001 and the same is now under trial before the learned III Metropolitan Magistrate, George Town, Chennai.

4.This Petition has been filed by the defacto complainant for a direction to the Trial Court to complete the trial expeditiously. This Court called for remarks from the Trial Court, in response to which, the Trial Magistrate has sent a communication dated 12.02.2015, wherein she has stated as follows:

"I submit that C.C.No.1999 of 2001 is pending in the III Metropolitan Magistrate Court, George Town, Chennai. In this case 15 witnesses have been cited and all the witnesses have been examined already and prosecution side evidence was closed on 10.01.2014. The accused was questioned under Section 313 Cr.P.C. on 23.01.2014 and the case was posted for defence side evidence. Since the witnesses were not cross-examined, the counsel for the accused filed petition under Section 311 Cr.P.C. and the petition was allowed. PW5, the complainant, Mr.Sunil Kumar Tapadia was recalled and cross examined on 10.07.2014, 01.08.2014 and 21.08.2014. The case was adjourned several times for appearance of PW1 for cross examination. The case was posted today(11.02.2015)for appearance of PW1. Due to boycott by advocates, no representation and the case was adjourned to 20.03.2015 for PW1 Cross.

5.It is seen that the accused has deliberately not cross examined all the prosecution witnesses and after cross examination under Section 313 Cr.P.C. he has filed an application under Section 311 Cr.P.C. for re-calling the witnesses. The Hon'ble Supreme Court has deprecated this practice in several cases and now the Hon'ble Supreme Court has held that witness who examined in chief should have to be cross examined on the same day. For the fault of the accused, in not cross examining the witness in time, the prosecution cannot suffer. The accused should suffer the consequences of his action. 6.Under such circumstances, if the Trial Court is not able to secure the presence of PW1, despite reasonable efforts, the Trial Court shall proceed with the trial and the accused cannot plead prejudice.

7.The Trial Court is directed to complete the trial within a period of four months from the date of receipt of a copy of this order. This Criminal Original Petition is closed with the above direction.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To

1. The Inspector of Police Crime Branch, Egmore, Chennai

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.M.Rajavelu, Advocate SR 34069 nm(co) prk14/7 Crl.OP No.1483 of 2015