Madras High CourtCRL OP(MD)/16524/2017allowed

P.Gabriel Vijayakumar, v. The Sub Inspector Of Police,

2017-12-04Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.OP.(MD) No.16524 of 2017 and Crl.M.P.(MD)No.10925 of 2017 P.Gabriel Vijayakumar :Petitioner/Petitioner/Accused Vs.

State represented by The Sub Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District.

:Respondent/Respondent/ Complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records pertaining to the order passed in Crl.M.P.No.1600 of 2017 in C.C.No.165 of 2017 dated 17.07.2017 on the file of the learned Judicial Magistrate No.III, Tirunelveli and to set aside the same and permit the petitioner to cross examine PW9 and PW10.

For Petitioner : Mr.S.C.Herold Singh For Respondent : Mr.K.S.Durai Pandian Additional Public Prosecutor ***

ORDER

The Criminal Original Petition is filed to call for the records pertaining to the order passed in Crl.M.P.No.1600 of 2017 in C.C.No.165 of 2017 dated 17.07.2017 on the file of the learned Judicial Magistrate No.III, Tirunelveli and to set aside the same and to permit the petitioner to cross examine PW9 and PW10. 2.The petitioner is the accused in the proceedings before the lower Court, where the petitioner was charged for the offences punishable under Sections 279, 337 and 338 of IPC. The petitioner has filed a petition before the lower Court to recall PW9, PW10 and PW11 and to cross examine them. This petition was partly allowed and the petitioner was permitted to examine PW11 alone and insofar as PW9 and PW10 are concerned, the petition was dismissed. 3.It is admitted that PW9 and PW10 were examined by the petitioner on 03.12.

2016 itself. PW9 is a Doctor, PW10 is a Motor Vehicle Inspector and PW11 is an Investigation Officer. It can be seen that the evidence of PW9 and PW10 are crucial one and hence a fair opportunity should be given to the petitioner for cross https://hcservices.ecourts.gov.

examining PW9 and PW10. From the records, this Court is of the view that an opportunity to the petitioner to cross examine them, will be in the interest of justice and hence this Court is inclined to allow this petition subject to the terms. 4.In result, the Criminal Original Petition is allowed and the order dated 17.07.2017 made in Crl.M.P.No.1600 of 2017 in C.C.No.165 of 2017 on the file of the learned Judicial Magistrate No.III, Tirunelveli is set aside and the petition in Crl.M.P.No.1600 of 2017 in C.C.No.165 of 2017 on the file of the learned Judicial Magistrate No.III, Tirunelveli, stands allowed subject to the condition that the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five thousand only) to the credit of Honourable Chief Justice Relief Fund, Madurai Bench of Madras High Court, Madurai and on further condition that the petitioner should cross examine PW9 & PW10 on the date when they are available for cross examination, without seeking any further adjournments on any other ground. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.III, Tirunelveli.

2. The Sub Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District.

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

Copy to The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.S.C.Herold Singh, Advocate Sr.No.90646 CMR VB/JC/SAR4/14/12/2017/2P/6C CRL.OP.(MD) No.16524 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 04.12.2017