Chellakannu v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Twenty Eighth day of March Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL CRL MP(MD). No.4238 of 2025 in Crl.O.P.(MD)No.2549 of 2025
1. Chellakannu
2. Raja ... Petitioners Vs 1 The State of Tamil Nadu, Rep. by the Deputy Superintendent of Police O/o. Deputy Superintendent of Police Bodinayaknaur Sub Division, Theni District. 2 The Inspector of Police, Taluk Police Station, Bodinayakanur, Theni District. (Cr. No. 355 of 2016) 3 Nagaraj ... Respondents Prayer :- Criminal Miscellaneous Petition filed under section 528 of BNSS To extend the time to recall the witness in Spl.S.C. No. 59/2020 and permit the petitioners to crossexamine P.W. 11 granted by this Honourable Court in Crl.O.P.(MD). No. 2549 of 2025 dt. 12.02.2025.
Prayer in Crl.O.P.(MD)No.2549 of 2025:- Criminal Original Petition filed under section 528 of BNSS to set aside the order passed by the Special Court for Trial of Cases under SC/ST (POA) Act, Theni, in Crl.M.P.No.1138 of 2024 dated 20.01.2025 in Spl.S.C.No.59/2020 and permit the petitioners to recall and cross-examine P.W.11 within a time frame fixed by this Court.
ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. G. Karuppasamypandiyan, Advocate for R. Ganeshprabhu, Advocate for the Petitioners and of Mr. M. Vaikkam Karunanithi, Government Advocate for the 1st and 2nd respondents, this Court made the following order: ''Heard both sides.
2.Considering the reasons stated by the learned Counsel for the petitioners that the learned trial Judge refused to receive the order copy issued by this Court in the main petition due to the absence of the petitioners' representing Counsel, this Court is inclined to extend the time. 3.Therefore, the time already granted by this Court is extended for another fifteen days from the date of receipt of a copy of this order. Accordingly, this petition is ordered.
4.Registry is directed to call for report from the learned Special Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Theni with regard to the
nonacceptance of the order copy made in Crl.O.P(MD).No.2549 of 2025, within a period of fifteen days from the date of this order. Sd/- Assistant Registrar (CO) // True Copy // /04/2025 Sub Assistant Registrar (CS - I/II/III/IV) TO
1. THE SPECIAL JUDGE, SPECIAL COURT FOR TRIAL OF CASES UNDER SC/ST (POA) ACT, THENI.
2. The Deputy Superintendent of Police O/o. Deputy Superintendent of Police Bodinayaknaur Sub Division, Theni District.
3. The Inspector of Police, Taluk Police Station, Bodinayakanur, Theni District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Copy to:
The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai + 1 c.c. To Mr. R. Ganeshprabhu, Advocate (SR.No.21132).
ORDER DATED : 28/03/2025 ==========================
ORDER
========================== CRL MP(MD). No.4238 of 2025 in Crl.O.P.(MD)No.2549 of 2025 Giving direction and etc.
as stated within.
BV (07/04/2025) 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.