Madras High CourtCRL OP(MD)/15599/2013dismissed

Thiruvengadanarayanan v. The Deputy Superintendent

2018-01-02Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.15599 of 2013 Thiruvengadanarayanan : Petitioner Vs.

The State rep. by its, The Deputy Superintendent of Police, Vigilance and Anti Corruption, Tuticorin District.

(In Crime No.10 of 2005) : Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code praying to set aside the cost imposed in the order passed in Cr.M.P.No.1366 of 2013 in Spl.C.No.7 of 2007 dated 30.08.2013 by the learned Chief Judicial Magistrate, Tuticorin District.

For Petitioner : Mr.K.Prabhu For Respondent : Mr.C.Mayil vahana Rajendran Additional Public Prosecutor *********

ORDER

****** The Petitioner, who is an accused, filed Cr.M.P.No.1366 of 2013 in Spl.C.No.7 of 2007, under section 311 of the Code of Criminal Procedure, to recall PW-2 to PW-4. The trial Court allowed the Criminal Miscellaneous Petition on condition that the petitioner should deposit a sum of Rs.10,000/- (Ten Thousand Only) with the District Legal Service Authority, Tuticorin, on or before 13.09.2013, failing which the petition would stand dismissed automatically. Challenging the said order, the accused has filed the present Criminal Original Petition.

https://hcservices.ecourts.gov.in/hcservices/

2. The fact remains that the accused have cross examined P.W.2 to PW.4. Since the petitioner has not paid the cost of Rs.10,000/-

and the impugned order, being a self-working order, nothing survives for adjudication in this Criminal Original Petition and accordingly, this Criminal Original Petition is dismissed. The Trial Court is directed to proceed with the trial in Spl.C.No.7 of 2007, expeditiously and complete the same within a period of six months from the date of receipt of a copy of this order, provided the accused co-operates with the Court. If the accused adopts any dilatory tactics, he can be remanded to custody, as laid down by the Supreme Court in State of U.P. v. Shambu Nath Singh [2001(4)SCC 667].

sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To

1. Chief Judicial Magistrate, Tuticorin District.

2. The Deputy Superintendent of Police, Vigilance and Anti Corruption, Tuticorin District.

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

+1 cc to M/S.K.PRABHU, ADVOCATE IN SR No.40100 ORDER MADE IN Crl.O.P.(MD)No.15599 of 2013 02.01.2018 PK/JC/SAR-4/12.01.2018 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/