Madras High CourtCRL OP/26512/2023dismissed

Pandichandran v. K.G.Murugan

2023-12-05Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :05.12.2023 Coram:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN and Crl.M.P.Nos.18508 of 2023 and 18449 of 2023 Crl.O.P.No.26512 of 2023:

For Petitioner :Mr.C.S.Saravanan 1/4

Crl.O.P.No.26513 of 2023:

Pandichandran .. Petitioner /versus/ K.G.Murugan .. Respondent Criminal Original Petition has been filed under Section 482 of Cr.P.C., to set aside the order dated 21.09.2023 made in C.M.P.No.3859 of 2023 in S.T.C.No.20 of 2022 on the file of Judicial Magistrate Court (FTC) at Tiruchengode by allowing the criminal original petition and reopen the case in S.T.C.No.20 of 2022. For Petitioner :Mr.C.S.Saravanan ------ COMMON ORDER The petitions to recall and reopen of the witness PW-1 for cross examination was dismissed by the trial Court extracting the chronological history of date and events of the case. 2.

Earlier, the respondent had filed to reopen and recall of PW-1 and the petitioner to recall was allowed on 09.05.2023. In spite of the witness (PW-1) was present on 01.06.2023 and 16.06.2023, the 2/4

accused was not ready to cross examine PW-1 and hence, it was closed. Thereafter, on completion of argument, the second reopen and recall of PW-1 petitions filed, which were not filed with clean hands and only filed to prevent the Court from passing judgment. It is seen from the extract of the date and events in chronological history of the case that an opportunity was given to the petitioner/accused, but not availed, which renders, these petitions are liable to be dismissed. 3.

Accordingly, these Criminal Original Petitions are dismissed. Consequently, connected Miscellaneous Petitions are closed.

05.12.2023 Index:yes/no Speaking order/non speaking order ari To The Judicial Magistrate Court (FTC) at Tiruchengode. 3/4

DR.G.JAYACHANDRAN,J.

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