Madras High CourtCRL OP(MD)/4769/2018dismissed

Murugan v. Sub Inspector Of Police

2018-08-28Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.4769 of 2018 and Crl.M.P.(MD)No.2338 of 2018 1.Murugan 2.Amirthalingam : Petitioners Vs.

Sub Inspector of Police, Railway Protection Force, Nagercoil Kanyakumari District.

Crime No.7 of 2011.

: Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.,to call for the records and set aside the order passed in C.M.P.No.1019 of 2017 in C.C.No.6 of 2012 dated 17.11.2017 on the file of the Chief Judicial Magistrate, Nagercoil and allow this Criminal Original Petition.

For Petitioners : Mr.S.Sivakumar For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed challenging the order passed by the learned Chief Judicial Magistrate, Nagercoil dismissing an application filed under Section 311 Cr.P.C. to recall and cross examine the evidence of P.Ws.1,5,6,7 and 10. 2.Admittedly, in this case P.W.1 was examined on 05.10.2012 and P.W.5 was examined on 10.04.2015 and P.W.6 was examined on 21.05.2015 and P.W.7 was examined on 07.08.2015 and P.W.10 was examined on 18.08.2017. The petitioner did not cross examine these witnesses and even did not file any petition to recall these witnesses within a reasonable time. When the case was at the stage of defence witness, the present petition has been filed. 3.

A cursory reading of the application would show that the petitioner has not even mentioned any reason as to why the above said witnesses were not cross examined and as to why the application was not filed immediately for recall the above said witnesses. https://hcservices.ecourts.gov.in/hcservices/ 4.The Court below has rightly applied the law as stated by the Hon'ble Supreme Court in a case of Vinothkumar Vs. State of Punjab.

The Court below has stated the reasons as to why the application cannot be entertained. This Court does not find any illegality and infirmity in the order passed by the Court below. 5.Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. Sd/ Assistant Registrar (T&P) /True copy/ Sub Assistant Registrar (CS-III) To 1.The Chief Judicial Magistrate, Nagercoil.

2.Sub Inspector of Police, Railway Protection Force, Nagercoil Kanyakumari District.

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

Crl.O.P.(MD)No.4769 of 2018 28.08.2018 gns KK/PM/SAR-3/24.09.2018/2P-4C https://hcservices.ecourts.gov.in/hcservices/