Madras High CourtCRL OP(MD)/16094/2016dismissed

T.R. Suresh Babu v. J. Manesh Ponsekar

2017-05-03Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.05.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.16094 of 2016 & Crl.M.P.(MD) No.7801 of 2016 T.R.Suresh Babu ... Petitioner -vsJ.Manesh Ponsekar ... Respondent Prayer:Criminal Petition filed under Article 482 of the code of the Criminal Procedure to call for the records and set aside the impugned order in Cr.M.P.No. 299 of 2016 dated 01.03.2016 in S.T.C.No. 404 of 2012 on the file of Learned Judicial Magistrate (Fast Track No.II,) Madurai.

For Petitioner : Mr.AK.Azagarsami

O R D E R

The petitioner is an accused in S.T.C.No.404 of 2012 before the learned Judicial Magistrate No.II (Fast Track), Madurai. The petitioner filed Cr.M.P.No.299 of 2016 in STC No.404 of 2012 under Section 311 Cr.P.C. for recalling P.W.1, which was allowed by the Magistrate on 01.03.2016 on the condition that the petitioner shall deposit a sum of Rs.700/- as cost on or before 14.03.2016. Since the petitioner did not pay the cost, the petition was dismissed on 15.03.2016. Challenging the said order, the petitioner/accused is before this Court.

2. Heard the learned counsel for the petitioner.

3. Learned counsel for the petitioner submitted that the petitioner should be given one more opportunity to cross examine P.W.1 inasmuch as the cost was not paid in time, because, the petitioner was sick.

4. I am unable to countenance this submission, because, the Trial Court had given sufficient time for the petitioner/accused to pay the cost. The petitioner could have filed a petition for extension of time before the Trial Court before 15.03.2016, which he did not do. That apart, the time limit fixed by the Trial Court expired on 15.03.2016 and this petition for setting aside the order of the Trial Court has been filed only on 26.08.2016, which https://hcservices.ecourts.gov.in/hcservices/

itself shows that the accused wants to somehow prolong the prosecution in STC No.404 of 2012.

5. Therefore, this petition is devoid of merits and the same is accordingly dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Writ) /True Copy/ Sub Assistant Registrar To:

The Judicial Magistrate No.II (Fast Track), Madurai.

+1cc to M/S. A.K.AZAGARSAMI, Advocate, SR.No.55564 Crl.O.P.(MD) No.16094 of 2016 & Crl.M.P.(MD) No.7801 of 2016 1/2 SDS/RSK/SAR 1/23.05.2017/2P/3C https://hcservices.ecourts.gov.in/hcservices/