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Madras High CourtCRL MP/6727/2021ordered

Chinnadurai v. The State Rep.By

2021-07-09Honourable Mr Justice M. Nirmal Kumar2 pages

Crl.M.P.No.6727 of 2021 in Crl.O.P.No.5911 of 2021 Crl.M.P.No.6727 of 2021 in Crl.O.P.No.5911 of 2021 M.NIRMAL KUMAR, J.

The petitioner had filed Crl.O.P.No.5911 of 2021 to set aside the order passed in Crl.M.P.No.1021 of 2020 in Spl.S.C.No.84 of 2020 dated 05.01.2021, wherein the petition filed under Section 311 Cr.P.C. by the petitioner to recall the witnesses was dismissed.

2.This Court vide order dated 25.03.2021, had permitted the petitioner to recall P.W.2, the victim girl and further directed to deposit a cost of Rs.4,000/- before the trial Court on or before 07.04.2021 and to file a memo on 08.04.2021 effecting compliance of the condition imposed by this Court. The petitioner on 16.04.2021 had filed a memo before the trial Court seeking permission to deposit the said sum of Rs.4,000/- and the trial Court had returned the said memo since the petitioner ought to have complied with the order of this Court on or before 07.04.2021.

3.This petition has been filed now by the petitioner seeking extension of time to deposit the said sum of Rs.4,000/- and also seeking a direction to the M.NIRMAL KUMAR, J.

https://www.mhc.tn.gov.in/judis/ 1/2

Crl.M.P.No.6727 of 2021 in Crl.O.P.No.5911 of 2021 kas lower Court to accept the same. The petitioner submits that he is ready and willing to deposit the said sum of Rs.4,000/-. 4.In view of the same, the petitioner is hereby directed to deposit the said sum of Rs.4,000/- (Rupees Four Thousand Only) on or before 16.07.2021. The learned Special Judge, Exclusive Trial of POCSO Act Cases, Cuddalore is also hereby directed to receive the said sum of Rs.4,000/- deposited to the credit of Spl.S.C.No.84 of 2019, thereafter the same shall be handed over to P.W.2 / victim girl on obtaining necessary affidavit to that effect. 5.Post the matter on 22.07.2021 for reporting compliance. 09.07.2021 kas Note:Issue order copy today Crl.M.P.No.6727 of 2021 in Crl.O.P.No.5911 of 2021 https://www.mhc.tn.gov.in/judis/ 2/2