Naveenkumar v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11063 of 2025 and Crl.M.P.No.7306 of 2025 1.Naveenkumar 2.Janarthnan 3.Anil Kumar ....

Petitioners Vs The State rep.by The Inspector of Police, Bagalur Police Station, Krishnagiri District Crime No 482/2020.

....

Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order passed by the Learned Principal Sessions Judge, Krishnagiri, Krishnagiri District in Crl.M.P.No.245/2025 in S.C.No.9/2021 dated 27.02.2025. For Petitioners : Mr.E.Kannadasan For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed challenging the order dated 27.02.2025 passed in Crl.M.P.No.245 of 2025 on the file of the Principal Sessions Judge, Krishnagiri, thereby dismissing the

application filed by the petitioner to recall P.Ws.1 to 4 and 21.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent. Perused the materials available on record.

3. The petitioner is facing charges under Section 302 of IPC in S.C.No.9 of 2021 on the file of the Principal Sessions Judge, Krishnagiri. All the prosecution witnesses, except the Investigating Officer were examined. At this juncture, the petitioner filed a petition seeking to recall P.Ws.1 to 4 and 21 for further cross examination.

4. A perusal of the records reveals that the petitioner had already cross examined all the prosecution witnesses. In order to fill up the lacuna, at the time of cross examination of Investigating Officer, the petitioner filed an application to recall P.Ws. 1 to 4 and 21 for further cross examination. It is nothing but to drag the proceedings and as such, the Trial Court dismissed the petition.

5. In view of the above, this Court finds no infirmity or

illegality in the order dated 27.02.2025 passed in Crl.M.P.No.245 of 2025 on the file of the Principal Sessions Judge, Krishnagiri. Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed.

15.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To 1.The Principal Sessions Judge, Krishnagiri, Krishnagiri District.

2.The Inspector of Police, Bagalur Police Station, Krishnagiri District 3.The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

Lpp

Crl.O.P.No.11063 of 2025 15.04.2025