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Madras High CourtCRL OP(MD)/12728/2019disposed of

Naveen @ Ponniah v. The Inspector Of Police

2019-09-13Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD) No.12865 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD) No.12865 of 2019 and Crl.M.P(MD) No.7930 of 2019 Anandhan

...Petitioner/Accused

-VsThe Inspector of Police, Poovanthi Police Station Sivagangai District ... Respondent/Complainant Prayer: Criminal Original petition filed under Section 482 of the Code of Criminal Procedure, to set aside the order passed in Criminal Miscellaneous Petition in Crl.M.P.No.354 of 2018 on the file of the Learned Judicial Magistrate No.II, Sivagangai dt.19.02.2019 in C.C.No.39 of 2011 on the file of the Learned Judicial Magistrate No.II, Sivagangai For Petitioner : Mr.V.Kannan For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed to set aside the order passed in Criminal Miscellaneous Petition in Crl.M.P.No.354 of 2018 on the file of the learned Judicial Magistrate No.II, Sivagangai dt.19.02.2019 in C.C.No.39 of 2011 on the file of the Learned Judicial Magistrate No.II, Sivagangai. 2.

The learned counsel for the petitioner would submit that he has filed petition to recall the prosecution witness no.4 and while the learned Magistrate allowing the petition wrongly mentioned as PW.1 instead of PW.4. Hence he has filed the present petition to recall PW.4.

3.

The learned Government Advocate(Crl.Side) did not dispute the fact submitted by the learned counsel for the petitioner. 4.

Heard Mr.K.Kannan, the learned counsel for the petitioner and Mr.K.Suyambulinga Bharathi, learned Government Advocate (Crl.Side) for the respondent.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD) No.12865 of 2019 5.

Considering the facts and circumstances of the case, this Court feels that the petitioner may be given one more opportunity to put fourth his defence. Accordingly, the order dated 19.02.2019, passed by the learned Judicial Magistrate No.II, Sivagangai in Cr.M.P.No.354 of 2018 in C.C.No.39 of 2011, is hereby set aside and and the trial court is directed to fix the date to cross examine P.W.4 by payment of necessary charges. If the petitioner failed to cross-examine P.W.4 on the date fixed by the trial Court, the trial Court is directed to proceed with trial in accordance with law. 7.

With the above directions, this Criminal Original Petition is allowed. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To

1. The Judicial Magistrate No.II, Sivagangai

2. The Inspector of Police, Poovanthi Police Station Sivagangai District

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

+1 CC to M/s.P.P ALWIN BALAN, Advocate ( SR-86806[F] dated 16/09/2019 ) Crl.O.P(MD) No.12865 of 2019 and Crl.M.P(MD) No.7930 of 2019 17.09.2019 aav JM/23.09.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2