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Madras High CourtCRL OP/17894/2023dismissed

Sindhu @ Dhanalakshmi v. State Rep By

2023-08-09Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.11795 of 2023

1. Sindhu @ Dhanalakshmi

2. Mallika

3. Laksmanan .. Petitioners

Versus

State represented by:

The Inspector of Police, Karamadai Police Station, Coimbatore.

.. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the order in Crl.M.P.No.382 of 2023 dated 21.07.2023 passed by Sessions Court For Trial of Bomb Blast Cases, Coimbatore.

For Petitioners : Mr.B.Sundarapandiyan For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

This petition has been filed challenging the order passed by the Court below in Crl.M.P.No.382 of 2023, dated 21.07.2023 dismissing the 1/4

application filed under Section 311 of Cr.P.C., to recall P.W.1, P.W.2 and P.W.21 for further cross-examination.

2. Heard Mr.B.Sundarapandiyan, learned Counsel for the petitioners and Mr.A.Damodaran, learned Additional Public Prosecutor for the respondent.

3. It is brought to the notice of this Court that the case is now at the stage of final arguments. The Court below has given cogent reasons as to why the application cannot be entertained at the fag end of the case inspite of the petitioners having sufficient opportunity to file such an application for recall at an earlier point of time. In fact, the petitioners had filed an application in Crl.M.P.No.259 of 2023 on 28.04.2023 and had sought for reopening the case for further arguments and this was also entertained by the Court below. Thereafter, the present application came to be filed to recall P.W.1, P.W.2 and P.W.21 for further cross-examination. The order passed by the Court below does not suffer from any illegality or infirmity and it does not warrant the interference of this Court. 2/4

4. In the result, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed. 09.08.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Sessions Court For Trial of Bomb Blast Cases, Coimbatore.

2. The Inspector of Police, Karamadai Police Station, Coimbatore.

3. The Public Prosecutor, High Court of Madras.

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N.ANAND VENKATESH, J.

grs and Crl.M.P.No.11795 of 2023 09.08.2023 4/4