Madras High CourtCRL OP/14084/2022allowed

P.Vinoth Kumar v. State Rep By Inspector Of Police

2022-06-21Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.14084 of 2022 P.Vinoth Kumar ... Petitioner / Accused Vs.

State rep by The Inspector of Police, Perambalur Police Station, Permabalur District.

Crime No.1159 of 2009 ... Respondent / Complainant PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C. to set aside the order passed in C.M.P.No.27 of 2022 in CCL No.18 of 2013 dated 27.05.2022 by the learned Juvenile Justice Board, Perambalur District and consequential to recall the witness PW.12 in the above case.

For Petitioner : Mr.Durai Kannan For Respondent : Mr.A.Gokulakrishnan, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking direction to the learned Juvenile Justice Board, Perambalur District to set aside the order passed in C.M.P.No.27 of 2022 in CCL No.18 of 2013 dated 27.05.2022 and to recall witness PW12.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

3. Considering the fact that the PW12/investigating officer has not been cross examined by the petitioner, though the delay was attributed only to the petitioner, this Court is of the view that one more final chance has to be given to the petitioner to cross examine the witness PW12/investigating officer. Hence, the Trial Court shall fix specific date to summon PW12/investigating officer for cross examination. The cross examination shall be completed on the same day when the https://hcservices.ecourts.gov.in/hcservices/

witness present before the Trial Court. In the event of the petitioner failed to cross examine the witness on the same day, he will lose the right of cross examining the witness. After the cross examination, the Trial Court shall proceed with and dispose the case within a period of two months.

4. Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar shk/nr To

1. The learned Juvenile Justice Board, Perambalur District.

2. The Inspector of Police, Perambalur Police Station, Permabalur District.

3. The Public Prosecutor, High Court, Madras - 104.

+1cc to Mr.Durai Kannan, Advocate, S.R.No.37534 Crl.O.P.No.14084 of 2022 NR[co] NSK/30/06/2022 https://hcservices.ecourts.gov.in/hcservices/