Madras High CourtCRL OP(MD)/8133/2019allowed

T.Selvaraj, v. The Inspector Of Police

2019-09-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No. 8133 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 16.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No. 8133 of 2019 and Crl. M.P.(MD) No. 5037 of 2019 T. Selvaraj ... Petitioner/Accused Vs The State rep. by, The Inspector of Police, Dindigul Taluk Police Station, Dindigul.

... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to set aside the order dated 11.01.2019 made in Crl.R.P.No.6 of 2018 on the file of the Learned Principal Sessions Judge, Dindigul confirming the order made in Cr.M.P.No.602 of 2018 in C.C.No.53 of 2014 on the file of the Learned Judicial Magistrate No.I, Dindigul dated 26.03.2018.

For Petitioner : Mr.J. Lawrance For Respondent : Mr.K.Suyambulinga bharathi, G.A. (Crl. Side)

O R D E R

This petition has been filed to set aside the order dated 11.01.2019 made in Crl.R.P.No.6 of 2018 on the file of the Learned Principal Sessions Judge, Dindigul confirming the order made in Cr.M.P.No.602 of 2018 in C.C.No.53 of 2014 on the file of the Learned Judicial Magistrate No.I, Dindigul dated 26.03.2018 thereby dismissing the petition filed by the petitioner under Section 311 of Cr.P.C. to recall the witnesses P.W.1 to P.W.7. 2.The learned counsel appearing for the petitioner would submit that P.W.1 & P.W.2 were examined on 20.09.2016 and P.W.3 to P.W.9 were examined on 12.09.2017 and thereafter, the petitioner has filed a petition to recall the witnesses on 09.02.2018. He further would submit that due to petitioner's illness he could not able to filed a petition to recall the witnesses immediately. The petitioner has charged for the offences under Sections 279, 304(A) of I.P.C.

3. Heard both sides and perused the materials available on records.

4. It is also seen that the learned Principal Sessions Judge, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No. 8133 of 2019 Dindigul has dismissed the petition for the reason that the revision is barred under Section 397(2) of Cr.P.C. as against the order passed under Section 311 of Cr.P.C. since it is only an interlocutory order.

5. Considering the facts and circumstances of the case, this Court set aside both the order dated 11.01.2019 made in Crl.R.P.No.6 of 2018 on the file of the Learned Principal Sessions Judge, Dindigul confirming the order made in Cr.M.P.No.602 of 2018 in C.C.No.53 of 2014 on the file of the Learned Judicial Magistrate No.I, Dindigul dated 26.03.2018. The trial Court is directed to fix the date of cross examination on payment of necessary charges. If the petitioner fails to cross examine the witnesses on the date fixed by the trial Court, the trial Court is directed to proceed with the trial in accordance with law.

6. With the above directions, the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD I) // True Copy // Sub Assistant Registrar(CS) ksa To 1.The Principal Sessions Judge, Dindigul.

2.The Judicial Magistrate No.I, Dindigul.

3. The Inspector of Police, Dindigul Taluk Police Station, Dindigul.

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

+1 CC to M/s.J.LAWRANCE, Advocate ( SR-87188[F] dated 17/09/2019 ) CRL.O.P (MD) No. 8133 of 2019 16.09.2019 KK/SAR/18.10.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2