Mani @ Pandimuthuraja v. The Inspector Of Police
Crl.O.P.(MD)No.15608 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.15608 of 2019 and Crl.M.P.(MD)No.9229 of 2019
1. Mani @ Pandimuthuraja
2. Akash @ Sudhakar
3. Saraswathi
4. Amutha
...Petitioners
-VsThe Inspector of Police Somarasampettai Police Station, Trichy District (Crime No.358 of 2015) ... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records of the learned Judicial Magistrate No.V, Tiruchirappalli in Cr.M.P.No.409 of 2019 in C.C.No.304 of 2017 and set aside the order dated 05.08.2019 . For Petitioners : Mr.M.Siddharthan For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate(crl.side)
O R D E R
This petition has been filed challenging the order passed by the learned Judicial Magistrate No.V, Tiruchirappalli in Cr.M.P.No.409 of 2019 in C.C.No.304 of 2017, dated 05.08.2019, thereby dismissing the petition filed by the petitioner, under Section 311 Cr.P.C., to recall P.W.1 to P.W.8 cross-examination.
2. The learned counsel for the petitioners would submit that on the date of chief examination of the prosecution witnesses, the counsel appeared for the petitioners/accused, did not present before the trial Court and therefore, the trial Court closed the evidence as there was 'no cross'. The petitioners did not even crossexamined any of the prosecution witnesses. He also relied upon the judgment of the Hon'ble Supreme Court in the case of Natasha Singh Vs. Central Bureau of Investigation reported in 2013 (5) SCC 741. Therefore, the petitioner filed this petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.(MD)No.15608 of 2019
3. The learned Government Advocate (criminal side) would submit that all the witnesses have been examined and the case is posted for argument. Hence, he prayed for dismissal of this petition.
4. Heard both sides.
5.
Considering the facts and circumstances of the case, this Court feels that the petitioners may be given one more opportunity to put fourth their defence. Accordingly, the order, dated 05.08.2019, passed by the learned Judicial Magistrate No.V, Tiruchirappalli in Cr.M.P.No.409 of 2019 in C.C.No.304 of 2017, is hereby set aside and the petitioner is permitted to cross examine P.W.1 to P.W.8 on the next hearing date by payment of necessary charges. If the petitioner failed to cross-examine P.W. 1 to P.W.8, the trial Court is directed to proceed with the trial in accordance with law.
6.
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(CS) Ls To 1.The Judicial Magistrate No.V, Tiruchirappalli .
2.The Inspector of Police Somarasampettai Police Station, Trichy District.
3.The Additional Public Prosectuor, Madurai Bench of Madras High Court, Madurai.
+1CC TO MR.M.SIDDARTHAN, Advocate Sr. No. 94762 Crl.O.P.(MD)No.15608 of 2019 25.10.2019 TR(18.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2