Madras High CourtCRL OP(MD)/11410/2018dismissed

Balu v. The Inspector Of Police

2019-10-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD).No.11410 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD).No.11410 of 2018 and Crl.M.P(MD)No.5193 of 2018 Balu ... Petitioner Vs.

The Inspector of Police District Crime Branch Sivagangai ... Respondent Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to set aside the order dated 20.02.2018 made in Crl.M.P.No.4893 of 2017 on the file of the learned Judicial Magistrate No.II, Sivagangai.

For Petitioner : Mr.V.Malaiyendran For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

O R D E R

This Criminal Original petition has been filed to set aside the order dated 20.02.2018 made in Crl.M.P.No.4893 of 2017 on the file of the learned Judicial Magistrate No.II, Sivagangai.

2. It is seen that the petitioner was charged for the offences under Sections 406, 420 of IPC on the basis of the complaint filed by one Sampath. Further the case is taken of file in C.C. No.70 of 2013 and some of the witnesses have been examined. PW.1 was examined in Chief on 20.12.2016 and PW2. and 3 were examined in chief on 20.12.2016. But the petitioner has not cross examined the witnesses on the same day when they are examined in chief. Under such circumstances he has filed an application before the learned Judicial Magistrate No.II, Sivagangai to cross the prosecution witnesses. But the trial court after careful examination dismissed the petition on the ground that though sufficient opportunity given to the petitioner, he did not cross examine the witnesses and only to drag on the proceedings he has filed the petition.

3. Hence this Court finds no infirmity or illegality in the order passed by the Court below.

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Crl.O.P(MD).No.11410 of 2018

4. In the result, this Criminal Original Petition stands dismissed. Consequently connected miscellaneous petition is also closed.

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

1. The Judicial Magistrate No.II, Sivagangai

2. The Inspector of Police District Crime Branch Sivagangai

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

Crl.O.P(MD) No. 11410 of 2018 23.10.2019 AAV MK (14.11.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2