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Madras High CourtCRL OP(MD)/9187/2023allowed

Sathiyamoorthy v. The Inspector Of Police

2023-05-18Honourable Mrs Justice T.V.Thamilselvi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.05.2023

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.(MD)No.9187 of 2023 and Crl.M.P(MD).No.7512 of 2023 M/s. Sathiyamoorthy ... Petitioner Vs.

State rep. by Inspector of Police, District Crime Branch Police Station, Pudukkottai Distict.

Criem No. 46 of 2011 ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the order in Crl.M.P.No.966 of 2023 in C.C.No.450 of 2018 dated 25.03.2023 passed by the Judicial Magistrate. No.II, Pudukkottai and set aside the same.

For Petitioner : Mr.K.C. Maniyarasu For respondent : Mr.M. Sakthikumar Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to call for the 1/4

records pertaining to the order in Crl.M.P.No.966 of 2023 in C.C.No.450 of 2018 dated 25.03.2023 passed by the Judicial Magistrate. No.II, Pudukkottai and set aside th same.

2. The learned counsel appearing for the petitioner submitted that as the earlier counsel died and hence, he was not able to cross examine PW.1 and hence, he has filed a petition to recall PW.1 to PW.13, but the trial Court has dismissed the same stating that PW.1 to PW.13 have not been cross examined purposely despite sufficient opportunity was already given. He further submitted that if the petitioner is not permitted to cross examine the witnesses to defend the case, the same will be defeated.

3. Considering the submission, in order to give sufficient opportunity to the petitioner to cross examine PW.1 to PW.13, this Criminal Original Petition is allowed and the order passed in Crl.M.P.No.966 of 2023 in C.C.No.450 of 2018, dated 25.03.2023 by the Judicial Magistrate No.II, Pudukottai is set aside and the petitioner is directed to cross examine PW.1 to PW.13 within a period of two months 2/4

from the date of receipt of a cop of this order. Consequently, the connected Miscellaneous Petition is closed.

18.05.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No trp To 1.Inspector of Police, District Crime Branch Police Station, Pudukkottai Distict.

Criem No. 46 of 2011 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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T.V.THAMILSELVI, J., trp Order made in Crl.O.P.(MD)No.9187 of 2023 and Crl.M.P(MD).No.7512 of 2023 Dated: 18.05.2023 4/4