Natarajan v. Sub Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.06.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.22201 of 2021 Natarajan
...Petitioner/Accused
Vs The Sub Inspector of Police, Irumbulikurichi Police Station, Ariyalur District.
...Respondent/Complainant
Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to set aside the order passed in Crl.M.P.No.07 of 2019 in Spl.S.C.No.23 of 2018 dated 25.02.2019 on the file of the Fast Track Mahila Court, Ariyalur.
For Petitioner : Mr.R.Jayaprakash For Respondent : Mr.L.Baskaran Government Advocate (Crl.side)
ORDER
The petitioner has been filed this petition to set aside the order passed by the Fast Track Mahila Court, Ariyalur in Crl.M.P.No.07 of 2019 in Spl.S.C.No.23 of 2018 dated 25.02.2019. 2.The petitioner is accused and he has been charged for the offence under Section 366 (A) & 343 of IPC r/w 5(a)(i), Protection of Child from Sexual offence Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006. On the side of the prosecution, they examined witness P.W.1 and P.W.2 and also cross examined by the petitioner. Further the petitioner again filed a petition before the trial Court under Section 311 of Cr.P.C to recall P.W.1 and P.W.2 for cross examination on the ground that P.W.1 and P.W.2 were cross examined by Junior counsel. The trial Court dismissed the petition for cross examination of P.W.1. As far as P.W.2 is concerned the petition was allowed on payment of cost.
3.P.W.1 is the victim girl and she should not be called https://hcservices.ecourts.gov.in/hcservices/
repeatedly for cross examination. Therefore, the trial Court rightly dismissed the petition in Crl.M.P.No.07 of 2019 in Spl.S.C.No.23 of 2018. Hence, this Court does not find any infirmity in the order passed by the trial Court. 4.Accordingly, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar pbl To
1. The Sub Inspector of Police, Irumbulikurichi Police Station, Ariyalur District.
2. The Public Prosecutor, High Court, Madras.
+1cc to M/s.R.Jayaprakash, Advocate, S.R.No.32877 Crl.O.P.No.22201 of 2021 SJ(CO) RGA(30/06/2022) https://hcservices.ecourts.gov.in/hcservices/