Madras High CourtCRL OP/2152/2017disposed of

S.Viswanathan, Aged 53 Years, v. The Inspector Of Police,

2017-02-10Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.Nos.2152 to 2154 of 2017 and Crl.M.P.No.1539 of 2017 S.Viswanathan ...

Petitioner in all the Crl.O.Ps.

Vs The Inspector of Police, C.C.I.W./C.I.D.Tiruvannamalai P.S., Tiruvannamalai.

...

Respondent in all Crl.O.Ps.

Crl.O.P.No.2152 of 2017 filed under Section 482 of the Criminal Procedure Code, to call for the records in C.M.P.No.2260 of 2016 in C.C.No.398 of 2016 on the file of the Judicial Magistrate No.II, Vellore dated 26.12.2016 and to set aside the same as against the provisions of law. Crl.O.P.No.2153 of 2017 filed under Section 482 of the Criminal Procedure Code, to call for the records in C.M.P.No.2259 of 2016 in C.C.No.397 of 2016 on the file of the Judicial Magistrate No.II, Vellore dated 26.12.2016 and to set aside the same as against the provisions of law. Crl.O.P.No.2154 of 2017 filed under Section 482 of the Criminal Procedure Code, to call for the records in C.M.P.No.2258 of 2016 in C.C.No.3 of 2004 on the file of the Judicial Magistrate No.II, Vellore dated 26.12.2016 and to set aside the same as against the provisions of law.

For Petitioner : Mr.A.Thiagarajan, Sr.Counsel for Mr.S.Ramesh Kumar For Respondent : Mr.C.Emalias, Additional Public Prosecutor COMMON ORDER The Trial Court, by order dated 14.12.2016, permitted the petitioner herein under Section 91 of Cr.PC to mark certain documents and accordingly those documents were placed before the Trial Court and on such production, the petitioner herein filed https://hcservices.ecourts.gov.

applications under Section 311 of Cr.PC to recall certain witnesses for cross-examination, and the same came to be dismissed on 26.12.2016, against which the present Criminal Original Petitions have been filed.

2.Mr.C.Emalias, learned Additional Public Prosecutor, takes notice for the respondent.

3.The learned senior counsel appearing for the petitioner submitted that without granting any opportunity to the petitioner, the impugned order has been passed. 4.Time and again, the Courts have held that adequate and ample opportunities have to be given to the persons seeking cross-examination of witnesses by recalling, related to certain documents marked under Section 91 of Cr.PC. When such being the case, the denial of opportunity to the petitioner is fatal to entire proceedings. Hence the impugned order dated 26.12.2016 is set aside and the Judicial Magistrate-II, Vellore is directed to recall the witnesses as prayed for by the petitioner, under Section 311 of Cr.PC, on 27.02.2017 and complete the crossexamination on that day itself. The parties shall appear and the cross-examination shall be completed on that day itself and no further petition under Section 311 of Cr.PC shall be entertained.

5.The Criminal Original Petitions are disposed of accordingly. Consequently, the connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To 1.The Inspector of Police, C.C.I.W./C.I.D.Tiruvannamalai Police Station, Tiruvannamalai.

2.The Judicial Magistrate, NO11 Vellore.

3.The Public Prosecutor, High Court, Madras.

+3cc to M/S.S. Ramesh Kumar Advocate, SR. 8658 Crl.O.P.Nos.2152 to 2154 of 2017 and Crl.M.P.No.1539 of 2017 RP(CO) VR(17/02/2017) https://hcservices.ecourts.gov.in/hcservices/