G. Harikrishnan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.15548 of 2022 and Crl.M.P.(MD).No.10210 of 2022 G.Harikrishnan ... Petitioner Vs.
State rep. Through, The Inspector of Police, Kadambur Police Station.
...Respondent
PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to set aside the impugned order in Crl.M.P.No.4945 of 2021 in S.C.No.144 of 2019 on the file of the learned II Additional District Sessions Judge, Thoothukudi District dated 12.01.2022 by allowing this petition.
For petitioner : Mr.S.M.A.Jinnah For Respondent : Mr.Manikandan Government Advocate (Crl.Side) 1/5
O RDER This Criminal Original Petition has been filed to set aside the order made in Crl.M.P.No.4945 of 2021 in S.C.No.144 of 2019 on the file of the learned II Additional District Sessions Judge, Thoothukudi District dated 12.01.2022.
2. The petitioner was implicated in S.T.C.No.144 of 2019. While so, in order to recall the witnesses, viz., P.Ws.1, 2, 7 to 13, for cross-examination, the petitioner has filed a petition in Crl.M.P.No. 4945/2021, which was dismissed by the court below and hence, the petitioner is before this Court with this petition.
3. The learned counsel for the petitioner would submit that during cross-examination of P.Ws.1, 2, 7 to 13, since the petitioner's previous counsel failed to examine the said witnesses, he seeks for recalling the witnesses/P.Ws.1, 2, 7 to 13. He would further submit that a direction may be issued for recalling the witnesses, in which case, the petitioner pays necessary costs.
4. Considering the facts and circumstances of the case and in order to afford an opportunity to the petitioner herein to cross-examine 2/5
P.Ws.1, 2, 7 to 13, this petition is disposed of with the following direction:
The trial court shall issue notice to P.Ws.1, 2, 7 to 13 by fixing the date of hearing and on the said date, the petitioner herein shall cross-examine the said witnesses, in which case, the petitioner shall pay a cost of Rs.10,000/- (Rupees three thousand only) to P.W.1, to pay a cost of Rs.9,000/- (Rupees Nine thousand only) to P.W.2, to pay a cost of Rs.8,000/- (Rupees Eight thousand only) to P.W.7, to pay a cost of Rs.7,000/- (Rupees Seven thousand only) to P.W.8, to pay a cost of Rs.6,000/- (Rupees Six thousand only) to P.W.9, pay a cost of Rs.10,000/- (Rupees three thousand only) to P.W.10, to pay a cost of Rs.9,000/- (Rupees Nine thousand only) to P.W.11, to pay a cost of Rs.8,000/- (Rupees Eight thousand only) to P.W.12, to pay a cost of Rs.7,000/- (Rupees Seven thousand only) to P.W.13. Consequently connected Miscellaneous Petition is closed.
28.02.2024 Index : Yes/No Internet : Yes/No tta 3/5
To
1. The learned II Additional District Sessions Court, Thoothukudi District.
2.The Inspector of Police, Kadambur Police Station.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.DHANDAPANI. J.
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