Madras High CourtCRL OP(MD)/3482/2019disposed of

Krishnakumar, v. The Sub Inspector Of Police

2019-03-07Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.3482 of 2019 Krishnakumar : Petitioner/Petitioner/Sole accused Vs.

State rep. by The Sub Inspector of Police, Anjugramam Police Station, Kanyakumari District.

(Crime No.937 of 2011) : Respondent/Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the order passed in C.M.P.No.5236 of 2018 in C.C.No.48 of 2012 on the file of the learned Judicial Magistrate No.III, Nagercoil set aside the same. For Petitioner : Mr.B.Brijesh Kishore For Respondent : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition has been filed to set aside the order passed in C.M.P.No.5236 of 2018 in C.C.No.48 of 2012 on the file of the learned Judicial Magistrate No.III, Nagercoil.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

3. The learned Additional Public Prosecutor for the respondent submitted that the trial in this case is yet to be completed.

4. Since the trial has not yet been concluded as listed witnesses Nos.12 and 13 are yet to be examined, this Court considers it appropriate to grant one more opportunity to the petitioner to cross examine P.W.1. The legal purpose is not to deny the opportunity to the accused to establish his case.

5. Having stated thus, this Court also takes note of the judgment of the Hon'ble Supreme Court in Vinoth Kumar Vs. the State of Punjab [(2015) 1 MLJ (Crl) 288 (SC)]. Having held, this Court allows this petition directing the petitioner to pay a sum of Rs.5,000/- as costs to the District Legal Services Authority on or before 14.03.2019, upon which the trial Court is directed to summon https://hcservices.ecourts.gov.in/hcservices/

P.W.1 for cross examining and the same shall be completed on the same date.

6. With the above direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar To 1.The Judicial Magistrate, No.3 , Nagercoil.

2.The Sub Inspector of Police, Anjugramam Police Station, Kanyakumari District.

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

Copy to:

The District Legal Services Aughority, Kanyakumari District, Nagercoil.

1 CC to M/s.B.BRIJESH KISHORE, Advocate ( SR-52569[F] dated 08/03/2019 ) Crl.O.P.[MD]No.3482 of 2019 07.03.2019 DS/ /SAR- (13.03.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/