Madras High CourtCRL OP(MD)/4632/2018allowed

Arjunan v. The Inspector Of Police

2018-04-13Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.4632 of 2018 and Crl.M.P.(MD)No.2274 of 2018 Arjunan ... Petitioner/Accused No.4 Vs.

State Rep. by The Inspector of Police, Kenikarai Police Station, Ramanthapuram, Ramanathapuram District.

(Crime No.175/2013) ... Respondent/Complainant Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Cr.M.P.No.60 of 2018 in S.C.No.127 of 2016 on the file of the Additional District and Sessions Court, Ramanathapuram and set aside the order dated 16.03.2018.

For Petitioner : Mr.R.Murugan For Respondent : Mr.Prabhu Ramachandran Government Advocate (Crl. Side)

ORDER

The petitioner is figuring as the fourth accused in S.C.No.127 of 2016 on the file of the Additional District and Sessions Court, Ramanathapuram. The petitioner wanted to recall P.Ws.3 and 12. The said request was rejected by the learned Trial Judge. Questioning the same, this Criminal Original Petition has been filed.

2.The observation made by the learned Trial Judge are fully correct and justifiable. However, in the interest of justice, this Court is of the view that one more opportunity can be given to the petitioner. Therefore, the said witnesses can be permitted to be recalled for cross-examination. Hence, the impugned order dated 16.03.2018 passed in Cr.M.P.No.60 of 2018 is set aside and this Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petition is closed. It is made clear that the crossexamination shall be done when the witnesses appear before the Trial Court. As rightly observed by the learned Trial Judge, the https://hcservices.ecourts.gov.in/hcservices/

witnesses sought to be recalled were examined at length and therefore, it is further made clear that the cross-examination should not spillover for more than one hearing. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Additional District and Sessions Judge, Ramanathapuram.

2.The Inspector of Police, Kenikarai Police Station, Ramanthapuram, Ramanathapuram District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.R.Murugan, Advocate SR.No. 61248 Crl.O.P.(MD)No.4632 of 2018 13.04.2018 smn2 JM/SV MMS/SAR 2/04.05.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/