R.Balajibalachandar v. The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2019

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH CRL.OP.No.23460 OF 2019 and CRL.MP.12325 OF 2019 J.R.Balajibalachandar ... Petitioner/Accused Vs.

1.State Rep. by:

The Sub Inspector of Police, Central Crime Branch,Team-IXA, Veppery, Chennai, (Xcr.No.88 of 2013... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to set aside the order passed in Crl.M.P.No.2172 of 2019 in C.C.No.6260 of 2016 dated 04.06.2019 pending on the file of the Learned CCB & CBCID Metropolitan Magistrate, Egmore, Chennai-600 008. For Petitioner : Mr.T.R.Ravi For Respondent : Mr.C.Iyapparaj Additional Public Prosecutor ***

O R D E R

The trial Court had originally allowed the petitioner's application filed under Section 311 Cr.P.C. to cross examine P.W.1 to P.W.4. Pursuant to the orders, the learned counsel for the petitioner had cross examined P.W.1. Subsequently, he was unable to cross examine P.W.2 to P.W.4 and though he had taken summons for few occasions he was not able to take summons subsequently for producing the witnesses.

2. The trial Court rejected the petitioner's application seeking for cross examining P.W.2 to P.W.4 by stating that steps have not been taken to recall those witnesses and that the petitioner was trying to drag on the case.

3. The learned counsel for the petitioner submits that he has no intention to drag on the case and that if one opportunity is given, he would cross examine P.W.2 to P.W.4 on the same day itself.

4. Though this Court does not find any infirmity in the order, by taking lenient view on the submissions made by the learned counsel for the petitioner and also considering the fact that the petitioner is willing to cooperate for trial by cross examining three witnesses, this Court is inclined to grant such permission.

5. In the light of the above observations, the learned CCB & CBCID Metropolitan Magistrate, Egmore, Chennai, shall permit the petitioner herein to cross examine P.W.2 to P.W.4 within a period of one week from the date of production of this order copy, and such production of order copy shall be at least on or before 01.10.2019.

6. The learned Additional Public Prosecutor would submit that one of the witnesses is residing at Bangalore. Taking such statement into consideration, the petitioner shall bear the expenses for production of the above said witness and quantum of such expenses shall be fixed by the trial Court itself.

7. With the above observation, the Criminal Original Petition stands disposed of. Consequently, connected civil miscellaneous petition is closed.

Sd/- Asst.Registrar (Insp Cell ) /true copy/ Sub Asst. Registrar bkn To The Sub Inspector of Police, Central Crime Branch,Team-IXA, Veppery, Chennai, (Xcr.No.88 of 2013)

2.The CCB & CBCID Metropolitan Magistrate Egmore, Chennai 3.The Public Prosecutor High Court, Madras +1 cc to Mr.T.R.Ravi Advocate sr79115 CRL.OP.No.23460 OF 2019 and CRL.MP.12325 OF 2019 ln(co) aa09/10/2019