R.Mony v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Fifteenth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN CRL MP(MD). No.13174 of 2023 in CRL.OP(MD).No. 21053 of 2023 R.Mony ... Petitioner/Accused No.1 Vs 1 The Inspector of Police Vigilance and Anti Corruption Kanyakumari Detachment @ Nagercoil.
... Respondent/Complainant Prayer :- This Criminal Miscellaneous Petition filed under section 482 of Criminal Procedure Coe, to extend the time limit for cross examining the PW10 as fixed by this Honble court in Crl O.P (MD) No. 21053 of 2022 by order dated 02.12.2022 in connection with the case in Special S.C No. 5 of 2008 pending on the file of the learned Special Judge cum Chief Judicial Magistrate, Nagercoil, Kanyakumari District Prayer in CRL.OP(MD).No. 2153 of 2023:
This Criminal Original Petition has been filed under section 482 of Criminal Procedure Code, to set aside the order passed by the Special Judge cum-Chief Judicial Magistrate, Nagercoil, Kanyakumari District in CR.M.P.No. 10124 of 2022 in Special case No. 05 of 2008, vide order, dated 27/10/2022 and consequently direct the aforesaid special judge to recall the prosecution witness namely PW3 and PW10 for the purpose of cross examination 1/3
ORDER:- This Criminal Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments Mr. R.Anandan, Advocate for the Petitioner and of Mr. T.Senthil Kumar, Government Advocate for the respondent, this Court made the following order:
This Criminal Miscellaneous Petition has been filed to extend the time limit for cross examining P.W.10 as fixed by this Court in Crl.O.P.(MD).No.21053 of 2022 by order dated 02.12.2022 in connection with the case in Special S.C.No.5 of 2008.
2. Considering the bonafide reasons stated in the affidavit, this Court is inclined to allow this Criminal Miscellaneous Petition with the following terms: (i) The respondent police is directed to produce P.W.10, before the trial Court on 26.09.2023 and the learned counsel for the petitioner is directed to complete the cross examination on the same day itself.
(ii) No further request to examine P.W.10 will be entertained. Sd/- Assistant Registrar(CO) // True Copy // /09/2023 Sub Assistant Registrar(CS) TO
1. The Special Judge Cum Chief Judicial Magistrate, Nagercoil, Kanyakumari District 2/3
2.The Inspector of Police Vigilance and Anti Corruption Kanyakumari Detachment @ Nagercoil.
3. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai ORDER DATED : 15/09/2023 ==========================
ORDER
========================== CRL MP(MD). No.13174 of 2023 in Crl.OP.(MD).No. 21053 of 2022 Giving direction and etc.
as stated within.
KB(19.09.2023) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3