Muthu Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD) No.22686 of 2023 and Crl.M.P.(MD) No.17729 of 2023 Muthu Kumar ... Petitioner Vs.

The Inspector of Police, All Women Police Station, Ramanathapuram, Ramanathapuram District.

Crime No.18 of 2018 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the entire records in relating to the impugned order dated 27.09.2023 made in Crl.MP.No.334 of 2023 in Spl.SC.No.30/2019 on the file of the learned Fast Track Mahila Court, Ramanathapuram and to set aside the same.

For Petitioner : Mr.M.S.Jeyakarthik For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl. Side) 1/6

O R D E R

This petition has been filed challenging the docket order passed by the learned Sessions Judge, Fast Track Mahila Court, Ramanathapuram, dated 27.09.2023, dismissing the application filed by the petitioner under Section 311 of Cr.P.C. to recall P.W.1 for cross examination, for default.

2.Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondent. 3.The petitioner filed an application to recall P.W.1 for further cross examination in Crl.MP.No.334 of 2023. The petitioner is facing trial for offence under the POCSO Act. This petition was allowed by the Court below by order dated 2504.2023 and on condition to pay a sum of Rs.1000/- as cost to P.W.1 and to pay the batta. When the matter came up for hearing on 27.09.2023, there was no representation on the side of the petitioner and P.W.1 was present before the Court. The Court below dismissed the petition for default. Aggrieved by the same, this 2/6

petition has been filed before this Court.

4.The learned Government Advocate, on instructions, submitted that the examination of all the witnesses is complete and the case is posted on 25.12.2024 for questioning under Section 313(1)(b) of Cr.P.C. The learned Government further submitted that non-bailable warrant was issued against the petitioner since he did not appear before the Court and he was secured and he is now in judicial custody. 5.Taking into consideration the facts and circumstances and considering the defense taken by the petitioner to the effect that there was a love affair between the petitioner and P.W.1 and also considering the fact that the petition was dismissed for default only due to the fault of the counsel in not appearing before the Court to cross examine P.W.1, this Court is inclined to give one last opportunity to the petitioner. 6.In view of the above, the docket order passed by the Court below dated 27.09.2023 is hereby set aside. The Court below shall recall P.W.1 for further cross examination. On the date of the appearance of 3/6

P.W.1, the petitioner shall pay cost of Rs.3500/- to P.W.1. On the date of appearance, the petitioner has to complete the cross examination of P.W.

1. If for any reason, the petitioner fails to cross examine P.W.1 on the date of appearance, the petitioner will forfeit his right to recall P.W.1 in future.

7.In the result, this Criminal Original petition is allowed with a direction to the learned Sessions Judge, Fast Track Mahila Court, Ramanathapuram, to dispose of Spl.S.C.No.30 of 2019 within a period of three months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. 29.11.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No PKN 4/6

To 1.The Sessions Judge, Fast Track Mahila Court, Ramanathapuram.

2.The Inspector of Police, All Women Police Station, Ramanathapuram, Ramanathapuram District.

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

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N.ANAND VENKATESH,J.

PKN Dated: 29.11.2024 6/6