Madras High CourtCRL OP(MD)/7088/2018allowed

Raja, v. The Inspector Of Police,

2018-04-27Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2018

CORAM:

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN CRL.O.P.(MD)No.7088 of 2018 and CRL.MP(MD)No.3384 of 2018 1.Raja 2.Ananthan Konar 3.Pasupathi ... Petitioners / Accused Nos.1 to 3 -vsState represented by The Inspector of Police, All Women Police Station, Uthamapalayam, Theni District.

(Crime No.20 of 2011) ... Respondent/ Complainant Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the order passed in Cr.M.P.No.1108 of 2018 in C.C.No.207 of 2012 dated 09.03.2018 by the learned Judicial Magistrate, Uthamapalayam and set aside the same by allowing this Criminal Original Petition. For Petitioners : Mr.B.Rajesh Saravanan For Respondent : Mr.Prabhu Ramachandran Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed by the accused Nos.1 to 3, to call for the records pertaining to the order passed in Cr.M.P.No.1108 of 2018 in C.C.No.207 of 2012 dated 09.03.2018 by the learned Judicial Magistrate, Uthamapalayam and set aside the same.

2.The learned counsel for the petitioner submits that PW.5 and PW.6 were omitted to be cross examined, when they deposed before the Court. Since they are key witnesses, their cross examination is absolutely necessary.

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3.In the interest of justice, this Court sets aside the order dated 09.03.2018, passed by the trial court in Cr.M.P.No.1108 of 2018. The prosecution witnesses 5 and 6 shall stand recalled for enabling the petitioner to cross examine them. It is made clear that both witnesses shall be cross examined on the same day when they are produced without dragging on the proceedings. If the petitioners adopts any delaying tactics, it is not necessary for the trial court to cause their production once again. Subject to these conditions, this Criminal Original Petition is allowed. Consequently, connected CRL.MP(MD)No. 3384 of 2018, is closed. Sd/- Assistant Registrar(CS-III) /TRUE COPY/ Sub Assistant Registrar To

1. The Judicial Magistrate, Uthamapalayam.

2. The Inspector of Police, All Women Police Station, Uthamapalayam, Theni District.

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

+1.CC to Mr.B.Rajesh Saravanan Advocate SR.No.64358 Das/msa MV:RSK-SKN:SAR4:23/05/2018/2P/5C CRL.O.P.(MD)No.7088 of 2018 and CRL.MP(MD)No.3384 of 2018 27.04.2018 https://hcservices.ecourts.gov.in/hcservices/