Madras High CourtCRL OP/22329/2019disposed of

Jaganathan v. State Rep. By

2019-09-17Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.09.2019

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH Crl.O.P.No.22329 of 2019 Jaganathan ... Petitioner Vs.

The State rep. by, The Sub Inspector of Police, Rural Police Station, Tiruppur.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to set-aside the order dated 24.06.2019 in Crl.M.P.No.2366 of 2019 in C.C.No.200 of 2017 on the file of Judicial Magistrate No.IV, Tiruppur. For Petitioner : Mr.K.Sudhakar For Respondent : Mr.C.Iyapparaj Additional Public Prosecutor

O R D E R

The petitioner filed an application under Section 311 of Cr.P.C. seeking to recall and cross-examine PW1 which has been rejected by the impugned order dated 24.06.2019, on the ground that the application had been made after a lapse of eight years from the date of cross-examination of PW1 and that by allowing the application, there would be inconvenience to the witness as well as the prosecution.

2.I do not find any infirmity in such finding and as a matter of fact, the Court below is justified in making such observations. The learned counsel for the petitioner, however making earnest appeal, stating that PW1 has never been crossexamined, who is a crucial witness. 3.The learned counsel also submitted that they have no intention to drag on the proceedings and that if an opportunity is granted to them to recall PW1 for cross-examination, the same would be completed on the same day. Taking lenient view of this https://hcservices.ecourts.gov.in/hcservices/

aspect, the learned Judicial Magistrate No.IV, Tiruppur is called upon to permit the petitioner herein to recall and crossexamine PW1 on or before 04.10.2019. The petitioner herein shall complete the cross-examination of PW1 on the same day fixed by the learned Judicial Magistrate No.IV, Tiruppur. 4.With the above observations, this criminal original petition is disposed of.

ssr/bkn Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To

1. The Judicial Magistrate No.IV, Tiruppur

2. The Sub Inspector of Police, Rural Police Station, Tiruppur.

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

+1cc to Mr.K.Sudhakar, Advocate, SR.No.80033 Crl.O.P.No.22329 of 2019 Kak(18/09/2019) https://hcservices.ecourts.gov.in/hcservices/