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Madras High CourtCRL RC(MD)/423/2022allowed

Ravi v. The Inspector Of Police

2022-04-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.R.C(MD)No.423 of 2022 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED : 29.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C(MD)No.423 of 2022 and Crl.M.P(MD)No.5567 of 2022 Ravi ... Revision Petitioner/Accused No.2 Vs.

State represented by its, The Inspector of Police, CBCID, Thanjavur.

(Crime No.10 of 2009).

... Respondent/Complainant PRAYER: Criminal Revision Case filed under Section 397 read with Section 401 of the Code of Criminal Procedure, to call for the entire records relating to C.M.P.No.3265 of 2021 and to set aside the order passed in C.M.P.No.3265 of 2021 in C.C.No.2 of 2011, dated 16.03.2022 by the learned Judicial Magistrate, Thiruvaiyaru. For Petitioner : Mr.S.Karthik For Respondent : Ms.M.Aasha Government Advocate (Criminal Side)

ORDER

This revision has been filed as against the order passed in C.M.P.No.3265 of 2021 in C.C.No.2 of 2011, dated 16.03.2022 by the learned Judicial Magistrate, Thiruvaiyaru, thereby dismissed the petition filed under Section 243(2) of Cr.P.C. 2.The petitioner is arraigned as an accused in C.C.No.2 of 2011 on the file of the learned Judicial Magistrate, Thiruvaiyaru charged for the offences under Sections 420, 465, 467, 468 and 471 r/w 109 of I.P.C. There are totally 15 witnesses cited by the prosecution, in which, the prosecution has examined 11 witnesses. However, in the list of witnesses L.W.6 and L.W.7 were not examined by the prosecution and they were dispensed with. They are vital witnesses to disprove the case of the prosecution and as such, the prosecution conveniently omitted to examine. Therefore, the petitioner filed a petition under Section 243(2) of Cr.P.C to examine the list of witnesses viz., L.W.6 and L.W.7 as their defence witness. However, it was dismissed for the reason that the petitioner has filed the petition only to drag on the proceedings.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent and perused the materials available on record. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.R.C(MD)No.423 of 2022 4.On a perusal of the records revealed that the prosecution closed the evidence only on 08.12.2021. Therefore, after closing the evidence, the petitioner filed the petition under Section 243(2) of Cr.P.C to examine L.W.6 and L.W.7 as defence witness. 5.In view of above, the order passed in C.M.P.No.3265 of 2021 in C.C.No.2 of 2011, dated 16.03.2022 on the file of the learned Judicial Magistrate, Thiruvaiyaru, is set aside and the Criminal Revision Case is allowed. The petitioner is permitted to examine L.W.6 and L.W.7 as defence witness. The trial Court is directed to complete the trial within a period of three months from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Judicial Magistrate, Thiruvaiyaru.

2.The Inspector of Police, CBCID, Thanjavur.

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

Order made in Crl.R.C(MD)No.423 of 2022 29.04.2022 RS/18.05.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2