Madras High CourtCRL OP/7564/2025dismissed

Arul v. The State Rep By, Inspector Of Police

2025-03-14Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.4867 of 2025 Arul ... Petitioner Vs The State Rep By, Inspector of Police Tittagudi Police Station, Cuddalore District.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C/Section 528 of BNSS, 2023, to set aside the order dated 22.01.2023 passed in Crl.M.P.No.307 of 2024 in C.C.No.78 of 2016 on the file of the Judicial Magistrate Court, Tittagudi.

For Petitioner : Mr.J.Pradeep For Respondent : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This petition has been filed to set aside the order dated 22.01.2023 passed in Crl.M.P.No.307 of 2024 in C.C.No.78 of 2016 on the file of the Judicial Magistrate Court, Tittagudi.

2. Heard both sides and perused the materials placed on record.

3. The petitioner is an accused in CC.No.78 of 2016 and facing charges for the offences punishable under Sections 294(b), 323, 324 and 506(ii) of IPC read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act. The prosecution had already completed its evidence and when the matter is posted for questioning under Section 313 of Cr.P.C, the petitioner filed an application to recall PWs.1 to 3 for cross examination. PWs.1 to 3 were examined in the year 2021. After a period of three years, the petitioner filed an application to recall PWs.1 to 3 for cross examination. The CC is of the year 2016 and now, the matter is posted for questioning under Section 313 of Cr.P.C.

4. In view of the above, the Trial Court had rightly dismissed the application filed by the petitioner and this Court finds no infirmity or illegality in the order passed by the Trial Court. The Trial Court is directed to complete the Trial in C.C.No.78 of 2016, within a period of twelve weeks from the date of receipt of a copy of this order.

5. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous petition is closed.

14.03.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Judicial Magistrate Court, Tittagudi.

2. The Inspector of Police Tittagudi Police Station, Cuddalore District.

3. The Public Prosecutor, High Court, Madras.

14.03.2025