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Madras High CourtCRL OP/6120/2020dismissed

Sindhu@ Lakshmi v. P.Anbazhagan

2020-03-17Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6120 of 2020 Sindhu @ Lakshmi, Proprietrix of Sri LGR Enterprises

...Petitioner/A2

Vs.

P.Anbazhagan

...Respondent/Complainant

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C.,to set aside the order passed in Crl.M.P.No.600 of 2020 in C.C.No.161 of 2018 dated 06.02.2020 on the file of the Judicial Magistrate, Cheyyar, Thiruvannamalai District issue a direction.

For Petitioner : Mr.K.C.Senthil Kumar For Respondent : Mr.Vijay Kumar

ORDER

This Criminal Original Petition has been filed for challenging the order passed in Crl.M.P.No.600 of 2020 in C.C.No.161 of 2018 dated 06.02.2020 on the file of the Judicial Magistrate, Cheyyar, Thiruvannamalai District, thereby dismissing the application filed under Section 311 of Cr.P.C to recall P.W.1 by the petitioner/accused.

2. On a perusal of the petition filed by the petitioner, there is absolutely no reason for recalling P.W.1 for cross examination. It is also seen from the records that already cross examination of the P.W.1 was fully completed and after cross examination of P.W.1, the counsel has been changed for the petitioner / accused. Now the new counsel on record has filed this petition, only to procrastinate the proceeding. Therefore, the trial Court has rightly dismissed the petition and this Court finds no illegality or infirmity in the order passed by the Court below.

3. Considering the above facts and circumstances, the order passed by the Judicial Magistrate, Cheyyar, Thiruvannamalai District in Crl.M.P.No.600 of 2020 in C.C.No.161 of 2018 dated 06.02.2020 is confirmed. Since, the CC is of the year 2018, the trial Court is directed to complete the trial within a period of three months from the https://hcservices.ecourts.gov.in/hcservices/ 1/2

date of receipt of a copy of this order.

4. With the direction, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kv To 1.The Judicial Magistrate, Cheyyar, Thiruvannamalai District.

2.The Chief Judicial Magistrate, Tiruvannamalai.

+1cc to Mr.K.G.Senthilkumar, Advocate, S.R.No.23813 Crl.O.P.No.6120 of 2020 SAI(CO) RSI(21/05/2020) https://hcservices.ecourts.gov.in/hcservices/ 2/2