Madras High CourtCRL OP(MD)/20696/2018disposed of

S. Karthika v. The Deputy Superintendent Of

2018-11-22Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2018

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN CrlOP(MD)No.20696 of 2018 and CrlMP(MD)No.9573 of 2018 S.Karthika ....Petitioner/Accused No.4 Vs.

The Deputy Superintendent of Police, CBI-SPE-ACB,Chennai.

....Respondent PRAYER:- Petition filed under Section 482 of Criminal Procedure Code, to call for the records and set-aside the order dated 01.11.2018 passed in Crl.M.P(MD).No.2324 of 2018 in C.C.No.6 of 2010 pending on the file of the II Additional District Court for CBI Cases, Madurai and consequently direct the said court to pass an order to recall PW.51, PW.62, PW.63 and PW.64 to cross examine them by the petitioner.

For Petitioner : Mr.N.Tamilmani For Respondent : Mr.N.Nagendran Spl Public Prosecutor for CBI Cases

ORDER

This Criminal Original Petition has been filed seeking to setaside the order dated 01.11.2018 passed in Crl.M.P(MD).No.2324 of 2018 in C.C.No.6 of 2010 by the II Additional District Court for CBI Cases, Madurai and consequently direct the said court to pass an order to recall PW51, PW62, PW63 and PW64 to cross examine them by the petitioner.

2.Heard the learned Counsel for the petitioner. 3.During the hearing the learned Counsel for the petitioner confined his prayer to cross examine PW.51 and PW.63 only and give up PW.62 and PW.64. In the interest of justice and in order to give one more opportunity to the petitioner, the order dated 01.11.2018 passed in Crl.M.P(MD).No.2324 of 2018 in C.C.No.6 of 2010 by the II Additional District Judge for CBI Cases, Madurai is hereby set aside.

4.In order to ensure speedy trial and also to give fair opportunity to the petitioner, the respondent is directed to produce PW.51 on 04.12.2018 without any formal application or summon before the II Additional District Court for CBI Cases, Madurai and the https://hcservices.ecourts.gov.in/hcservices/

trial Judge, is directed to complete the cross examination of PW.51 on 04.12.2018 itself.

5.The respondent is further directed to produce PW.63 on 05.12.2012 before II Additional District Court for CBI Cases, Madurai and the trial Judge, is directed to complete the cross examination of PW.63 on 05.12.2018 itself.

6.The petitioner is permitted to cross examine PW.51 on 04.12.2018 and PW.63 on 05.12.2018 itself without any deviation, failing which she will loose her opportunity to cross examine them. 7.With the above direction, the criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-III) dsk To 1.The II Additional District Judge for CBI Cases, Madurai.

2.The Deputy Superintendent of Police, CBI-SPE-ACB, Chennai.

3.The Special Public Prosecutor for CBI Cases, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.N.Tamil Mani, Advocate in SR No.96426 Crl.O.P.(MD)No.20696 of 2018 NM/SV/SAR III/23.11.18/2P/5C.

https://hcservices.ecourts.gov.in/hcservices/