P. Karthi v. The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.20556 of 2023 1.R.Karthi 2.R.Kalidoss 3.Ashok 4.R.Kannappan ... Petitioners Vs.

The Sub Inspector of Police, Chengam Police Station, Thiruvannamalai.

(Crime No.149/2012)

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the order in Crl.M.P.No.1967 of 2022 in C.C.No.118 of 2012 dated 19.04.2023 passed by learned Judicial Magistrate-I, Thiruvannamalai and pass such further or other orders. For Petitioners : Mr.P. Jayachandran For Respondent : Mr.A.Damodaran Additional Public Prosecutor 1/4

O R D E R

This petition has been filed challenging the order passed by the court below dismissing the application filed under Section 311 of Cr.P.C., to recall PW1 to PW7 for cross-examination.

2.The petitioners are facing trial before the Court below for offence under Sections 294(b), 323, 326, 355 and 506(ii) of IPC. The case was at the stage of questioning under Section 313 of Cr.P.C. At that stage, an application came to be filed by the petitioners to recall PW1 to PW7 for cross-examination 3.The court below on considering the facts and circumstances of the case and also taking into consideration the fact that the calender case is of the year 2012 and sufficient opportunities were granted to the petitioners to cross-examine the witnesses, dismissed the application. This Court does not find any illegality or infirmity in the order passed by the Court below and it does not require the interference of this Court in exercise of its jurisdiction under Section 482 of Cr.P.C.

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4.In the result, this criminal original petition stands dismissed. 08.09.2023 Index : Yes/No (2/3) Internet : Yes/No Speaking/Non-Speaking Order ssr To 1.The Judicial Magistrate-I, Thiruvannamalai.

2.The Sub Inspector of Police, Chengam Police Station, Thiruvannamalai.

3.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J ssr Crl.O.P.No. 20556 of 2023 08.09.2023 (2/3) 4/4