Mr.A.Gopal Rao @ Vijay Gopal v. State Rep. By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2018

CORAM

THE HONOURABLE Mr.JUSTICE M.S.RAMESH Crl.O.P.No. 3556 of 2018 & Crl.M.P.No.1572 of 2018 A.Gopal Rao @ Vijay Gopal Rao .. Petitioner Vs State Represented by Inspector of Police, CCB Team-16, Land Grab Team, Office of the Commissioner of Police, Vepperi, Chennai.

.. Respondent Prayer:Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to modify the order passed by the learned Judicial Magistrate, Alandur in CMP. No.470 of 2018. For Petitioner : Mr.J.Ravi Shankar For Respondent : Mr.C.Raghavan, Government Advocate(Crl. Side)

O R D E R

This petition has been filed by the petitioner to modify the order passed by the learned Judicial Magistrate, Alandur in CMP No.470 of 2018 dated 01.02.2018.

2.According to the petitioner, the order passed under Section 311 Cr.P.C in CMP No.470 of 2018 was received by him only on 01.02.2018 and as such, he could not comply with the condition of the order, to pay Rs.3,000/- per witness for the purpose of cross-examination. However, on 02.02.2018, the evidence of PW.1 and PW.2 came to be closed.

3. In my view, the petitioner can be granted another opportunity to cross-examine the PW1 and PW2, since the order copy came to be received only on 01.02.2018. As such, the order dated 02.02.2018 in C.C.No.325 of 2015, closing of evidence of PW1 and PW2 is set aside. Consequently, the petitioner is permitted to recall and cross-examine the PW1 and PW2 on 19.02.2018. It is made clear that the cross examination shall be completed on the same day and no further opportunity would be https://hcservices.ecourts.gov.in/hcservices/

given.

4. With the above observation, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar nl To 1.The Inspector of Police, CCB Team-16, Land Grab Team, Office of the Commissioner of Police, Vepperi, Chennai.

2.The Judicial Magistrate, Alandhur.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.J.Ravi Shankar, Advocate, S.R.No.9155 Crl.O.P.No.3556 of 2018 RRK(12/02/2018) https://hcservices.ecourts.gov.in/hcservices/