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Madras High CourtCRL OP(MD)/16150/2017allowed

Palanikumar, v. The Inspector Of Police,

2018-09-27Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.16150 of 2017 and Crl.M.P.(MD)No.10694 of 2017 1.Palanikumar 2.Ranjitham 3.Rajalekshmi

...Petitioners/Petitioners/Accused 1 to 3

Vs.

The State Represented by Inspector of Police, All Women Police Station, Srivilliputhur.

...Respondent/Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to call for the records in Crl.M.P.No.6440 of 2017 in C.C.No.22 of 2011 on the file of the Judicial Magistrate No.II, Srivilliputhur and quash the same and permit the petitioners to cross examine the witnesses PW1 to PW6.

For Petitioners : Mr.S.C.Herold Singh For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed aggrieved by the dismissal of the application filed by the petitioners' under Section 311 of Cr.P.C., to recall P.W.1 to P.W.6 and to crossexamine them. 2.The Court below while considering the application has taken into account the conduct of the petitioners in filing the petition after nearly 4 1⁄2 years after P.W.1 to P.W.6 were examined in chief by the prosecution. The Court below has also relied upon the judgment of the Hon'ble Supreme Court, wherein the Hon'ble Supreme Court had directed the trial in all criminal cases to be conducted on a day to day basis. This Court does not find any illegality or infirmity in the order passed by the Court below. 3.It is seen from records that the petitioners are facing trial for the offence under Sections 294(b), 498A, 406 and 109 I.P.C and Section 4 of the Dowry Prohibition Act.

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4.This Court deems it fit to give one last opportunity to the petitioners, taking into consideration the fact that the petitioners will lose the valuable opportunity to defend themselves in this case. However, this Court is going to impose exemplary cost in order to ensure that the witnesses are duly compensated for making them come again to Court in order to give evidence. 5.The Court below shall fix the date for the appearance of the witnesses namely P.W.1 to P.W.6. Before putting them in the witness box, they shall be furnished with the depositions, so that the witnesses can refresh their memory and only thereafter they can be cross examined. On the day when the witnesses appears, if the petitioners fail to cross examine them, the petitioners will forfeit their right to recall the witnesses again.

The petitioners shall pay a cost of Rs.5000/- (Rupees Five Thousand only) to each of the witnesses when they come for giving evidence. The Court below is directed to complete the entire proceedings in C.C.No.22 of 2011 within a period of two months from the date of receipt of a copy of this order.

6.In view of the above, the order passed by the learned Judicial Magistrate No.II, Srivilliputhur in Crl.M.P.No.6440 of 2017 in C.C.No.22 of 2011 is hereby quashed and this Criminal Original Petition is allowed with the above directions. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Judicial Magistrate No.II, Srivilliputhur.

2.The Inspector of Police, All Women Police Station, Srivilliputhur 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.K.SEEMARAJ, Advocate, SR.No. 87350 Crl.O.P.(MD).No.16150 of 2017 27.09.2018.

LS ES/SV/SAR 1/28.09.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/