Madras High CourtCRL OP/10652/2017disposed of

V.Sekar, v. J.Senthil Kumar

2017-08-31Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.08.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.10652 of 2017 and Crl.MP.No. 7017 of 2017 V.Sekar ..Petitioner Vs J.Senthil Kumar

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to set aside the order dated 06.03.2017 passed in Cr.M.P. No.1361 of 2017 in STC.No.130 of 2016 on the file of the Judicial Magistrate, Polur by allowing the above Criminal Original Petition.

For Petitioner : M/s.Sri.S.Natanarajan For Respondent : No Appearance *****

O R D E R

The respondent's request for cross examination of PW1 and PW2 was permitted by an order dated 06.03.2017, which is under challenge in the

present petition.

2. According to the respondent, the petitioner herein has filed the said application only to protract the proceedings. In my view, if the petitioner is granted a day's time to cross examine PW1 and PW2, the ends of justice would be met.

3. Though the respondent has been served with the notice and the name is also printed in the cause list, none appears for the respondent.

4. In the result, the order dated 06.03.2017 passed in Crl.MP.No. 1361 of 2017 in STC No. 130 of 2016 is set aside. Consequently, the respondent is permitted to cross examine PW1 and PW2 on 11.09.2017. It is made clear that the respondent shall complete the cross examination of PW1 and PW2 on the same day itself. Since, the proceedings in STC 130 of 2016 has reached the trial stage and the witnesses PW1 to PW3 have already been examined, it would be appropriate to direct the learned Judicial Magistrate, Polur to complete the trial proceedings within a period of 2 months from the date of receipt of a copy of this order.

With the above observations and directions, the Criminal Original Petition stands disposed of. Consequently, the connected Miscellaneous Petition is also closed.

31.08.2017 Index:yes/no Internet:yes/no ak To The Judicial Magistrate, Polur.

M.S. RAMESH.J., ak CRL.O.P.No.10652 of 2017 31.08.2017