Madras High CourtCRL OP/13360/2022granted

A.Aboobacker v. The State Rep By

2022-06-09Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.06.2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P. No.13360 of 2022 1.A.Aboobacker 2.A.Shakila Banu 3.ASM.Kamal Basha ... Petitioners

Versus

State Represented by The Inspector of Police, District Crime Branch, Perambalur Police Station.

(Crime No.3 of 2007) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to set aside the order dated 17.03.2022 in CMP No.4382 of 2021 in C.C.No.342 of 2013 on the file of the Hon'ble Judicial Magistrate No.1, Perambalur. For Petitioners: Mr.T.A.Punithan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed to set aside the order dated 17.03.2022 in CMP No.4382 of 2021 in C.C.No.342 of 2013 on the file of the learned Judicial Magistrate No.1, Perambalur.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) and perused the materials available on record.

3. Taking note of the fact that the petitioners are facing serious charges under Sections 419, 420, 468, 471 of IPC, this Court is of the view that one more chance has to be given to the accused finally.

4. Accordingly, the order passed by the learned Judicial Magistrate No.1, Perambalur in CMP No.4382 of 2021 in C.C.No.342 https://hcservices.ecourts.gov.in/hcservices/

of 2013 dated 17.03.2022 is set aside and the Trial Court shall summon LW1, LW3, LW5, LW10, LW13, LW15, LW18 on the specific date, within two days. Thereafter, the entire cross examination of the said witnesses has to be completed. In the event of the petitioners failed to cross examine the witnesses on the same day, they will lose the right of cross examining the witnesses.

5. In view of the above, this Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar shk/rgi To

1. The Judicial Magistrate No.1, Perambalur.

2. Do through The Chief Judicial Magistrate, Perambalur.

3. The Inspector of Police, District Crime Branch, Perambalur Police Station.

4. The Public Prosecutor High Court, Madras.

+1cc to Mr.T.A.Punithan, Advocate, S.R.No.33437 Crl. O.P. No.13360 of 2022 EV(CO) CT 10/06/2022 https://hcservices.ecourts.gov.in/hcservices/