Madras High CourtCRL OP/22648/2017allowed

Uthirapathy, M/A 53 Years, v. Periyasamy,

2017-10-26Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.10.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.22648 of 2017 Uthirapthy ..

Petitioner/Accused Vs.

Periyasamy ..

Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. against the order passed by the learned Judicial Magistrate-I, Virudhachalam, Cuddalore District in C.M.P.No.5203 of 2017 in S.T.C.No.210 of 2015 dated 14.09.2017.

For Petitioner : Mr.C.Deivasigamani For Respondent : Mr.P.Govindarajan Additional Public Prosecutor

ORDER

Petitioner has been arrayed as an accused in S.T.C.No.210 of 2015. An application to recall the witnesses for further cross examination filed by the petitioner under Section of 311 Cr.P.C had been rejected. Aggrieved against the same, the present petition had been filed.

2. According to the learned counsel for the petitioner since the erstwhile counsel had omitted to cross examine the vital facts and has not cross examined P.W.1 properly, the petitioner was constrained to change the counsel on record. It is further stated that the very purpose for changing the counsel was to elucidate the vital facts, one more opportunity could be granted to the petitioner to cross examine.

3. Heard the learned counsel for the petitioner and perused the materials available on record.

4. I do not find any infirmity in the order of the learned Magistrate. However, taking a sympathetic view and at the same time ensure that the petitioner should not drag on the proceedings, there will be a direction to the learned Magistrate to permit the petitioner to recall and cross https://hcservices.ecourts.gov.in/hcservices/

examine P.W.1 on 06.11.2017. It is made clear that the cross examination shall be completed on the same day itself and no further time should be granted.

5.In view of the above, the order passed by the learned Judicial Magistrate-I, Virudhachalam in C.M.P.No.5203 of 2017 in S.T.C.No.210 of 2015 is set aside and this Criminal Original Petition is allowed.

Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar smi To

1. The Judicial Magistrate-I, Virudhachalam, Cuddalore District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Deivasigamani, Advocate, S.R.No.75560 Crl.O.P.No.22648 of 2017 GN(02/11/2017) https://hcservices.ecourts.gov.in/hcservices/