G.Mageshwari, v. G.Janakiraman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No. 2309 of 2018 G.Mageshwari

...Petitioner

Vs G.Janakiraman

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to set aside the order passed in Crl.MP. No.9305 of 2017 dated 06.01.2018 in C.C. No. 1610 of 2016 on the file of the learned Fast Track Court -IV, Metropolitan Magistrate, George Town, Chennai.

For Petitioner : Mr.Thiruvilankumar For Respondent : No Appearance - - - -

O R D E R

The Petitioner's request to reopen the case for the Defence Side witness under Section 311 of Code of Criminal Procedure was rejected on the ground that the intention of the petitioner/accused in filing the petition is to drag on the proceedings alone. Challenging the same, the present petition is filed.

2. Heard Mr.Thiruvilankumar, learned counsel appearing for the petitioner. Though notice has been served on the respondent and the name was also printed in the cause list, none appears for the respondent.

3. It is submitted by the learned counsel for the petitioner that the * examination of the DW1 to DW3 are necessary for the purpose to establish that there was no pre-existing liability between complainant and the petitioner herein.

4. In my view, one more opportunity can be given to the petitioner herein in order to ensure that the fair trial has been conducted, even though this Court does not find any https://hcservices.ecourts.gov.in/hcservices/

irregularity in the order passed by the learned Fast Track Court -IV, Metropolitan Magistrate, George Town, Chennai.

5. In the result, the order dated 06.01.2018 passed in Crl.MP.No.9305 of 2017 in C.C. No.1610 of 2016 on the file of the learned Fast Track Court -IV, Metropolitan Magistrate, George Town, Chennai is set aside. Consequently, the petitioner is permitted to * examine the DW1 to DW3 on 26.03.2018 and 27.03.2018. It is made clear that no further opportunity will be given for the purpose of * examination of DW1 to DW3 and the petitioner shall complete the same on the said dates. With the above observation and directions, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(CS IV) dt.19.3.2018 *Deleted as per order of this Court dt.28.3.2018 made in Crl.OP.No.2309/18 Sd/- Assistant Registrar(CS IV) dt.25.4.2018 //True Copy// Sub Assistant Registrar ak To To be substituted to the order The Metropolitan Magistrate, already despatched on 20.3.2018 Fast Track Court -IV, George Town, Chennai -1.

+1cc to Mr.A.Thiruvilankumar, Advocate, S.R.No.23759 CRL.O.P.No. 2309 of 2018 RRK(19/03/2018) sm:25.4.2018 https://hcservices.ecourts.gov.in/hcservices/