M.Karthick v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD) No.16279 of 2017 and CRL.M.P(MD) No.10782 of 2017 1.M.Karthik 2.Sangiliammal ... Petitioners / Petitioners/ Accused Nos.1 & 2 Vs.

The State represented through The Inspector of Police, All Women Police Station, Karur District.

... Respondent / Respondent / Complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the order in Cr.M.P.No.5875 of 2017 in C.C.No.132 of 2016 on the file of the Judicial Magistrate No.1, Karur and set aside the same. For Petitioners : Mr.T. Antony Arul Raj For Respondent : Mr.K.S.Durai Pandian Additional Public Prosecutor

ORDER

The Criminal Original Petition is filed to call for the records relating to the order in Cr.M.P.No.5875 of 2017 in C.C.No.132 of 2016 on the file of the Judicial Magistrate No.1, Karur and set aside the same.

2.The petitioners are accused Nos.1 and 2 in the criminal proceedings in C.C.No.132 of 2016 on the file of the learned Judicial Magistrate No.1, Karur. Based on the complaint lodged by the first petitioner's wife, the case was taken on file in C.C.No.132 of 2016 for the offences punishable under Sections 498 A and 295(b) IPC.

3.It appears that the petitioners have filed a petition to recall PW 1 to PW 4, for cross examination, under Section 311 of Cr.P.C. in Crl.M.P.No.8333 of 2016. The petition was allowed on 05.10.2016, on condition to pay process fee, within two days. But, the process fee was not paid in two days and therefore, the evidence was closed by the lower Court.

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4.The petitioners thereafter, filed a second application under Section 311 of Cr.P.C to recall PW 1 to PW 4 for cross examination. After recording the fact that the petitioners did not utilise the opportunity to cross examine PW 1 to PW 4, the petition was dismissed by the lower Court. As against the same, the present Criminal Original Petition is filed.

5.Though the order of the lower Court appears to be correct, the petitioners may be shown some indulgence, only in the interest of justice to give a fair opportunity in defending the criminal proceedings. Considering the age and other facts, this court is inclined allow this petition subject to terms. 5.1.The criminal original petition is allowed and the order passed by the learned Judicial Magistrate No.1, Karur in Cr.M.P.No.5875 of 2017 in C.C.No.132 of 2016 is set aside and the petition in Cr.M.P.No.5875 of 2017 in C.C.No.132 of 2016 stands allowed, on condition that the petitioners shall pay a sum of Rs.2,000/- to PW 1 within a period of four weeks from the date of copy of the order. The petitioners are also directed to co-operate for the early disposal of the case, by cross examining the witnesses on the date when they are available without asking further adjournments for any reason. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(A.S) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.1, Karur.

2.-Do-Thro' The Chief Judicial Magistrate, Karur.

3.Inspector of Police, All Women Police Station, Karur District.

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

CMR/PNN JS/JC/SAR.4/18.12.2017/2P-5C CRL.OP.(MD) No.16279 of 2017 and CRL.MP(MD) No.10782 of 2017 28.11.2017 https://hcservices.ecourts.gov.in/hcservices/