Madras High Court
Kasi vs The State Rep. By on 6 January, 2021
Crl.O.P.No.19347 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2021
CORAM
THE HON'BLE MR. JUSTICE N.ANAND VENKATESH
Crl.O.P.No.19347 of 2020
and CMP.No.7773 of 2020
Kasi,
S/o.Thoppula Gounder. ... Petitioner.
Vs.
The State rep. by
Inspector of Police,
CBCID Police Station,
Tiruvannamalai. ... Respondent.
Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to call
for the records and set aside the docket order dated 07.10.2020, passed by
Principal District and Sessions Judge, Tiruvannamalai in S.C.No.116 of
2010.
For Petitioner : Mr.B.Jawahar
For Respondent : Mr.C.Raghavan
Government Advocate (Crl.side)
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Crl.O.P.No.19347 of 2020
ORDER
This petition has been filed challenging the order passed by the Court
below dated 07.10.2020, wherein the Court below after allowing the
application filed by the petitioner to re-call P.W.46 and P.W.53, has
subsequently relied upon a circular issued by this Court and held that these
witnesses need not be cross examined since they are expert witnesses.
2.The petitioner is facing trial before the Court below for serious
charges. The prosecution had examined P.W.46 and P.W.53, who were
scientific experts and their reports were marked. These witnesses were not
cross examined on the same day since the counsel representing the
petitioner was indisposed. The petitioner filed an application to recall
P.W.46 and P.W.53 for cross examination. This application was allowed by
the Court below by an order dated 25.02.2020 and directed the petitioner to
pay the Batta. The petitioner also paid the Batta and process was issued to
these witnesses. In the meantime, due to pandemic situation, there was no
progress in the case and the Court suo motu passed an order on 07.10.2020
by relying upon a circular issued by this Court and had come to a conclusion
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Crl.O.P.No.19347 of 2020
that P.W.46 and P.W.53 need not be cross examined. Aggrieved by the
same, the present petition has been filed before this Court.
3.Heard Mr.B.Jawahar, learned counsel appearing on behalf of the
petitioner and Mr.C.Raghavan, learned Government Advocate (Crl.side),
appearing on behalf of the respondents.
4.In the considered view of this Court, the Court below having
allowed the application filed by the petitioner to re-call and cross examine
P.W.46 and P.W.53 and the petitioner also having paid the witness Batta,
ought not to have suo motu decided not to permit the petitioner to cross
examine P.W.46 and P.W.53. Even while passing the orders on 25.02.2020,
the Court below had taken into consideration the Division Bench Judgment
of this Court and also the scope of Section 393 Cr.P.C and thereafter
proceeded to allow the application. The procedure adopted by the Court
below to suo motu recall its earlier order and not permit the petitioner to
cross examine the witnesses, cannot be sustained in the eye of law. The
prosecution having examined these witnesses, can be subjected to cross
examination, more particularly, when the accused person had been given an
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Crl.O.P.No.19347 of 2020
indefeasible right to fair trial.
5.In view of the above discussion, this Court has no hesitation to
interfere with the docket order passed by the Court below on 17.10.2020
and the same is hereby set aside. There shall be a direction to the Court
below to fix a date for the appearance of P.W.46 and P.W.53 and on the date
of their appearance, they shall be cross examined and it shall be completed
on the same date.
6.This Criminal Original Petition is accordingly allowed with the
above directions. Consequently, connected miscellaneous petition is closed.
06.01.2021
Note:Upload order copy by 18.01.2021.
Speaking order/Non-Speaking order
Index :Yes/No
Internet:Yes/No
rm
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Crl.O.P.No.19347 of 2020
To
1.The Inspector of Police,
CBCID Police Station,
Tiruvannamalai.
2. The Public Prosecutor,
High Court, Madras.
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Crl.O.P.No.19347 of 2020
N.ANAND VENKATESH, J.,
rm
Crl.O.P.No.19347 of 2020
06.01.2021
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