Shanavas v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Original Jurisdiction ) Date : 25/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL in CRL OP(MD). No.11418 of 2023 Shanavas ... Petitioner/Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Thiruverubur Police Station, Trichy District.
Crime No.120/2018.
... Respondent/Complainant For Petitioner : Mr. T.Leninkumar, Advocate.
For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PRAYER in CRL MP(MD)No.2057 of 2025:- This Petition for Time Extension Under Sec.482 of Cr.P.C (U/s. 528 of BNSS) to extend time to pay cost in Crl OP(MD) No.11418/2023 dt.26.06.2023 and thus render justice.
Prayer in CRL OP(MD)No.11418 of 2023:- Criminal Original Petition filed under section 482 of Cr.P.C. to call for the records and SET ASIDE the order dated 11.05.2023 passed in Cr.M.P.No.3280 of 2023 in S.C.No.181 of 2019 on the file of the Chief Judicial Magistrate, Trichy. 1/4
ORDER : The Court Made the following order :- The petition has been filed to extend the time granted by this court in CRL OP(MD) No.11418 of 2023, dated 26.06.2023.
2. Mr.T. Lenin Kumar, learned counsel appearing for the petitioner submits that due to financial crisis the petitioner could not able to mobilize the funds. Hence, he prays to grant further time to comply the order passed by this Court in CRL OP(MD) No.11418 of 2023, dated 26.06.2023.
3. Mr.S.S.Manoj, the learned Government Advocate (Crl. side) on instructions submits that the case is posted for pronouncing Judgment before the trial Court on 26.02.2025. At this stage, if the petition is allowed, the prosecution will be prejudiced and accordingly, strongly opposes to allow this petition.
4. With a view to adhere the principles of natural justice fully, to ensure the fair trial procedure, with a view to give one more opportunity to contest the case and in the interest of justice, this Court is inclined to allow this petition subject to the following conditions:
i) The prosecuting agency shall produce the witnesses PW.1, PW.2, PW.5, PW. 7 and PW.8 before the trial Court on or before 07.03.2025. The petitioner cross examine the witnesses at once.
ii) The petitioner should not seek adjournment for cross examination. 2/4
iii) The petitioner shall comply the paragraph No.5(2)(3) scrupulously on or before 07.03.2025 i.e., the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) as cost to each of the witnesses on or before 07.03.2025. iv) The trial Court is directed to conclude the trial on or before 07.03.2025 and pass Judgment as per law.
5. This petition is allowed accordingly.
Sd/- Assistant Registrar (CS.I) // True Copy // /02/2025 Sub Assistant Registrar (CS-I/II/III/IV) trp To 1.The Chief Judicial Magistrate, Trichy.
2.The Inspector of Police, Thiruverubur Police Station, Trichy District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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Copy To The Court Manager, Madurai Bench of Madras High Court, Madurai.
in CRL OP(MD). No.11418 of 2023 25/02/2025 SL(25.02.2025)/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4