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Madras High CourtCRL OP(MD)/16974/2018disposed of

S. Kalpana v. Selvakumar

2018-09-20Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.16974 of 2018 and Crl.M.P(MD) No.7506 of 2018 S.Kalpana ... Petitioner Vs.

1. Selvakumar 2.Mahaesh 3.Vijayalakshmi

4. Anuradha

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to number the Crl.M.P.SR.No.7154 of 2018 in C.C.No. 124 of 2017 on the file of the Judicial Magistrate Court No.I, Thanjavur and dispose the same on merits.

For Petitioner : Mr.D.Selvanayagam

ORDER

This petition has been filed to number the Crl.M.P.SR.No.7154 of 2018 in C.C.No. 124 of 2017 on the file of the Judicial Magistrate Court No.I, Thanjavur.

2. This Court passed an order on 16.08.2018 by giving an opportunity to the petitioner to mark the deposition in HMOP No. 58 of 2013 at appropriate stage in the proceedings. The appropriate stage that was indicated by this Court in the said order was, at the time of cross examination of PW.1. It now seems that the evidence has been closed and the case has been posted for final arguments.

3. Therefore the petitioner has filed an application under Section 311 of Cr.P.C to recall PW 1 inorder to cross examine PW 1 based on the deposition made by him in HMOP No. 58 of 2013. This petition has been returned by the Court below and case has been posted for final hearing.

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4. In the considered view of this Court, the court ought to have taken the petition on file and permitted the petitioner to recall PW 1 inorder to mark the deposition made by him in HMOP No.58 of 2013. This right was reserved for the petitioner by an order of this Court made in Crl.O.P.(MD) No. 529 of 2018, dated 16.08.2018. By returning the petition without numbering the same will amount to depriving right given to the petitioner.

5. In the facts and circumstances of the case, there shall be a direction to the learned Judicial Magistrate No.I, Thanjavur to take the application filed by the petitioner under Section 311 of Cr.P.C on file and proceed inaccordance with law. The petitioner shall cross examine and mark documents on the same day when PW 1 enters witness box.

6. With the above direction, the Criminal Original Petition is disposed of. Consequently connected miscellaneous petitions is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS-I) To:

The Judicial Magistrate No.I Thanjavur.

COPY TO The Section Officer, Criminal Section(Records), Madurai Bench of Madras High Court, Madurai.

+1 CC To MR.D.SELVANAYAGAM, Advocate SR. NO. 85539 Crl.O.P.(MD)No.16974 of 2018 and Crl.M.P(MD) No.7506 of 2018 20.09.2018 AAV TR/RP/SAR-I(24.09.2018)2P 4C https://hcservices.ecourts.gov.in/hcservices/