Madras High CourtCRL OP/12445/2025dismissed

Mani v. The State Rep By The Inspector Of Police

2025-04-24Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.12445 of 2025 Mani .....

Petitioner Vs The State represented by The Inspector of Police, J-7 Velachery Police Station, Chennai.

(Crime No.2524 of 2015).

.....

Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the return order dated 07.02.2025 in Crl.M.P.S.R.No.569 of 2025 in S.C.No.327 of 2019 pending trial on the file of the Hon'ble Sessions Judge, Magalir Neethimandram (Mahila Court), Allikulam, Chennai. For Petitioner : Mr.R.Karthik 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 07.02.2025 passed in Crl.M.P.SR.No.569 of 2025 in S.C.No.327 of 2019 by the Sessions Judge, Magalir Neethimandram

(Mahila Court), Allikulam, Chennai, thereby returning the application filed to recall P.W.10 as not maintainable.

2. Heard the learned counsel appearing on either side and perused the materials available on record,

3. The petitioner is an accused in S.C.No.327 of 2019 and is facing trial for the offences punishable under Sections 397, 380, 302 of IPC. When the case was posted for arguments, the petitioner filed an application seeking to recall P.W.10, who is the Investigating Officer, for further cross examination.

4. A perusal of the records reveals that P.W.10 had already been fully cross examined and the evidence on the side of the prosecution had been closed. Hence, the Trial Court rightly returned the application to recall P.W.10 as not maintainable.

5. In view of the above, this Court finds no infirmity or illegality in the order dated 07.02.2025 passed in Crl.M.P.SR.No.569 of 2025 in S.C.No.327 of 2019 by the Sessions Judge, Magalir

Neethimandram (Mahila Court), Allikulam, Chennai. Accordingly, this Criminal Original Petition stands dismissed.

24.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1. The Sessions Judge, Magalir Neethimandram (Mahila Court), Allikulam, Chennai.

2. The Inspector of Police, J-7 Velachery Police Station, Chennai.

3. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

Lpp 24.04.2025