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Madras High CourtCRL OP/28126/2024disposed of

Selvakumar v. State Through

2024-11-12Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.11.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Selvakumar ... Petitioner Vs.

State through the Inspector of Police, Palladam Police Station, Palladam.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to set aside the order dated 11.09.2024 passed in Crl.M.P.No.4770 of 2024 in C.C.No.69 of 2018 on the file of the learned Judicial Magistrate, Palladam and permit to recall the witnesses.

For Petitioner : Mr.J.Kingsly Solomon For Respondent : Mr.S.Sugendran Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to set aside the order dated 11.09.2024 passed in Crl.M.P.No.4770 of 2024 in C.C.No.69 of 2018 on the file of the learned Judicial Magistrate, Palladam and permit to re-open 1/4

the complainant side evidence.

2. In the connected case, in Crl.O.P.No.28121 of 2024, this Court, by order dated 11.11.2024, observed and directed as follows in paragraph 4 and 5 therein:

''4. No doubt, opportunity has to be given and at the same time, the Court will not close the eyes before ordering any petition filed by the parties before the trial Court to recall the evidence of PW.1 to P.W.5. Hence, this Court directs the petitioner to deposit Rs.50,000/- (Rupees fifty thousand only) as costs before the trial Court on or before 25.11.2024. Each of the witnesses are entitled to get a sum of Rs.10,000/- out of the said Rs.50,000/-. On payment of such costs, the learned Magistrate is directed to issue summons to all the witnesses and record evidence on 04.12.2024. The defence counsel is directed to cross examine all the witnesses on the same day i.e., on 04.12.2024.

5. With the above direction, this Criminal Original Petition is allowed, setting aside the order dated 11.09.2024 passed in Crl.M.P.No.4771 of 2024 in C.C.No.69 of 2018 on the file of the Judicial Magistrate, Palladam.''

3. In view of the above order passed in Crl.O.P.No.28121 of 2024 2/4

dated 11.11.2024, this Criminal Original Petition is allowed. 12.11.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.

The Judicial Magistrate, Palladam.

2.

The Inspector of Police, Palladam Police Station, Palladam.

3.

The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J ms 12.11.2024 4/4