Madras High CourtCRL OP(MD)/16712/2021allowed

K.Lingeshwaran v. The Inspector Of Police

2021-11-09Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.16712 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.16712 of 2021 and Crl.M.P(MD)No.9023 of 2021 1.xxxx 2.xxxx 3.xxxx 4.xxxx 5.xxxx 6.xxxx ... Petitioners/Juvenile Offenders Nos.1 to 6 Vs.

State Rep. by its The Inspector of Police, Thirumangalam Taluk Police Station, Madurai.

(Crime No.248 of 2018) ... Respondent/Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the order passed in Crl.M.P.No.576 of 2020 dated 10.11.2020 in J.C.No.80 of 2019 on the file of the Juvenile Justice Board, Madurai and after hearing the side of the Petitioners/Juvenile Offenders No.1 to 6 shall set aside the same by allowing this petition in the interest of justice.

For Petitioners : Mr.R.Babu Jaganath For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor.

O R D E R

The petitioners herein are juveniles in conflict with law. The respondent filed Crl.M.P.No. 576 of 2020 in J.C.No.80 of 2019, on the file of the Juvenile Justice Board, Madurai for recall and cross-examination of P.W.1 to P.W.4. The said petition was dismissed by impugned order dated 10.11.2020. Challenging the same, this Criminal Original Petition has been filed. The order https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.16712 of 2021 passed by the Juvenile Justice Board is well reasoned and shows their intention to conclude the proceedings expeditiously. 2.I am of the view that the petitioners deserve to be given one more opportunity. Therefore, in the interest of the justice, the impugned order is set aside. The counsel for the petitioners assures this Court as and when the prosecution witnesses are recalled and produced before the Board, they would cross-examine them on the same day of their appearance and that the petitioners will not resort to any delaying tactics.

3.Recording the said undertaking, this Criminal Original Petition is allowed. Consequently, connected Miscellaneous is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) gbg/btr Note:

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 Juvenile Justice Board, Madurai.

2.The Inspector of Police, Thirumangalam Taluk Police Station, Madurai.

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

Crl.O.P(MD)No.16712 of 2021 and Crl.M.P(MD)No.9023 of 2021 09.11.2021 RK(09/12/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2