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Madras High CourtCRL OP(MD)/18879/2019disposed of

A.M.Mujeeb @ Sulaiman Hussain @ Ayoob v. The Inspector Of Police

2020-01-03Honourable Mr Justice M. Nirmal Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2020

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR and CRL.M.P(MD)No.11073 of 2019 A.M.Mujeeb @ Sulaiman Hussain @ Ayoob .. Petitioner/Petitioner/ Accused Vs.

The State Represented by The Inspector of Police, CBI, ACB, Chennai.

.. Respondent/Respondent/ Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for records and set aside the order dated 18.11.2019 in Cr.M.P.No.1955 of 2019 in C.C.No.7 of 2006 on the file of the II Additional District Judge for CBI Cases, Madurai and direct the trial court to recall and re-examine the witnesses mentioned in Cr.M.P.No.1955 of 2019. For Petitioner : Mr.S.Poornachandran For Respondent : Mr.N.Nagenthiran, Special Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed to set aside the order dated 18.11.2019 in Cr.M.P.No.1955 of 2019 in C.C.No.7 of 2006 on the file of the learned II Additional District Judge for CBI Cases, Madurai and direct the trial court to recall and re-examine the witnesses mentioned in the Cr.M.P.No.1955 of 2019.

2. The petitioner is arrayed as an accused in C.C.No.7 of 2006, had filed a petition in Crl.M.P.No.1955 of 2019 under Section 311 of Cr.P.C., before the learned II Additional District Judge for CBT Cases, Madurai, to re-call P.W.5, P.W.9, P.W.12, P.W.14 and P.W.20.

3.The trial Court after perusal of records permitted the petitioner to re-call of P.W.20, on deposit of Rs.10,000/- as witness batta. As regards other witnesses, it has been dismissed. As against which, he filed the present petition. 1/3

4.In the order of the lower Court, the evidence of the witnesses have been extracted and also the date of examination. Further, about the split up of the case from the mother case particulars have also been given. Further, the petitioner now agrees for examination of the witness, namely, P.W.14/Venkatesan. 5.The learned Special Public Prosecutor opposed to re-call the witnesses by stating that this is the split up case from the mother case. The petitioner is an accused in C.C.No.4 of 2006, since he has been absconding, the case was split up as C.C.No.7 of 2006 from the mother case in C.C.No.4 of 2006, which was ended in conviction. He further submitted that the petitioner is only delaying the trial. The trial is in advanced stage of arguments and heard in part. Further, by re-calling the witnesses again and again only causes harassment to the witnesses.

6.The learned counsel for the petitioner submitted that he has not cross examined the said witness. He also submitted that the evidence of the above said witnesses are crucial for arriving at a decision in this case. Without considering the fact, the trial Court partly allowed the petition filed by the petitioner. 7.Considering the facts and circumstances of the case, the petitioner may be given one more opportunity to cross examine the witness. The witness P.W.14 alone is permitted to be re-called and cross examine by the petitioner. The petitioner agrees to deposit a sum of Rs.5,000/- as witness batta for P.W.14 within a period of three working days from the date of receipt of a copy of this order. 8.The petitioner is directed to examine P.W.14, on the date fixed by the trial Court on payment of necessary charges.

If the petitioner fails to cross examine P.W.14 on the date fixed by the trial Court, the trial Court is directed to proceed with the trial in accordance with law. The process will be completed within a period of two weeks from the date of receipt of a copy of this order.The trial Court is directed to complete the proceedings within a period of four weeks thereafter.

9.In view of the above, this Criminal Original Petition is partly allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3

das To 1.The II Additional District Judge for CBI Cases, Madurai.

2.The Inspector of Police, CBI, ACB, Chennai.

Copy to The Special Public Prosecutor (for CBI Cases) Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.S.POORNACHANDRAN, Advocate ( SR-349[F] dated 06/01/2020 ) and CRL.M.P(MD)No.11073 of 2019 03.01.2020 VB(27.01.2020) 3P 5C 3/3