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Madras High CourtCRL OP(MD)/5616/2019ordered

Vijay v. The Sub Inspector Of Police

2019-04-22Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P(MD)No.5616 of 2019 Vijay ... Petitioner/Petitioner/ 1st Accused Vs.

The State rep. by its Sub Inspector of Police, Devakottai Town Police Station, Devakottai, Sivagangai District.

(Cr.No.763 of 2014) ... Respondent/Respondent/ Complainant Prayer : This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the entire records relating to impugned order passed by learned Judicial Magistrate, Devakottai made in Cr.M.P.No.4270 of 2018 in C.C.No.16 of 2015 and set aside the same by allowing the present Criminal Original Petition.

For Petitioner : Mr.A.Saravanan For Respondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. Side

O R D E R

This Criminal Original Petition has been filed to call for the entire records relating to impugned order passed by learned Judicial Magistrate, Devakottai made in Cr.M.P.No.4270 of 2018 in C.C.No.16 of 2015 and set aside the same by allowing the present Criminal Original Petition.

2.Heard Mr.A.Saravanan, learned counsel appearing for the petitioner and Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl. Side) appearing for the State.

3.The petitioner herein is the accused in C.C.No.16 of 2015 for the offence under Section 379 I.P.C. After the case has taken on

file the witnesses P.W.1 and P.W.2, the Law Enforcing Agency were examined in Chief on 12.01.2018 and P.W.3 on 19.02.2018 and after completion of the Chief Examination, intially cross examination was deferred. Subsequently, the matter was posted for cross-examination, examination of the above said witness on 19.02.2018. However, on that day, the Lawyer boycotted from the Court, thereby, the petitioner was not able to examine the above said witnesses and the reason for not examination of the witnesses is neither willful nor wanton but for the above bonafide reasons and due to nonexamination, the main case cannot be finalised. 4.To disprove the case of proseuction, it is necessary to cross examine the above said witness and a petition under Section 311 Cr.P.C. was filed to recall the witnesses for the purpose of cross examination. However, on 02.03.2019 the said petition was dismissed, though the petitioner filed Adjournment Application, under Section 309 Cr.P.C.. Against which, the present Criminal Original Petition has been filed.

5.The learned Government Advocate (criminal side) appearing for the State would submit that to give one more opportunity to the petitioner, they are ready to produce the witnesses on 13.05.2019 and on the same day, the petitioner has to cross examine all the three witnesses, on reasonable costs.

6.Considering the facts and circumstances of the case, I am inclined to allow the petition to recall the witnesses-P.Ws.1 to 3, for cross examination.

7.Accordingly, this Criminal Original Petition is allowed on payment of Rs.6,000/- each (Totally a sum of Rs.18,000/-) as costs to be paid by the petitioner to the witnesses/P.W.1 to 3. The order dated 02.03.2019, passed in Cr.M.P.No.4270 of 2018 in C.C.No.16 of 2015, by the learned Judicial Magistrate, Devakottai, is setaside. The Trial Court is directed to recall the witnesses P.Ws.1 to 3, on 13.05.2019 for their cross-examination. The respondent police is directed to produce the witnesses P.Ws.1 to 3 on 13.05.2019. On their appearance before the Court, the petitioner shall pay a sum of Rs.6,000/- each (Totally a sum of Rs.18,000/-) directly to P.Ws.1 to 3, as witness costs. The Trial Court after ensuring such payment, shall permit the petitioner to cross-examine P.Ws.1 to 3 and the petitioner is also directed to complete his cross-examination on the same day (on 13.05.2019). Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS)

To 1.The Judicial Magistrate, Devakottai.

2.The Sub Inspector of Police, Devakottai Town Police Station, Devakottai, Sivagangai District.

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

4.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.(2 COPIES) Crl.O.P(MD)No.5616 of 2019 22.04.2019 LS KK/SAR/06.05.2019/ 3P- 6C