Madras High Court
Sathasivam vs Rajammal on 2 July, 2021
CRL.O.P.No.11359 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.07.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.11359 of 2021
and
Crl.M.P.No.6609 of 2021
1.Sathasivam
2.Moopan @ Ponnusamy
3.Sundharam
4.Ponnusamy
5.Sekar
6.Selvaraj ... Petitioners
Versus
Rajammal ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to a) stay all further proceedings in
C.C.No.41 of 2011 on the file of the Judicial Magistrate Court No.I,
Sankari pending disposal of the above Criminal Original Petition. b) set
aside the order dated 09.04.2021 passed in CMP.No.568 of 2021 in
C.C.No.41 of 2011 on the file of the Judicial Magistrate Court No.I,
Sankari by allowing the above Criminal Original Petition.
Page No.1 of 6
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.11359 of 2021
For Petitioners : Mr.T.L.Thirumalaisamy
ORDER
This petition has been filed to a) stay all further proceedings
in C.C.No.41 of 2011 on the file of the Judicial Magistrate Court No.I,
Sankari pending disposal of the above Criminal Original Petition. b) set
aside the order dated 09.04.2021 passed in CMP.No.568 of 2021 in
C.C.No.41 of 2011 on the file of the Judicial Magistrate Court No.I,
Sankari by allowing the above Criminal Original Petition.
2. The petitioners/accused in C.C.No.41of 2011 are facing
trial for the offence under sections 147, 148, 427, 323 and 506(ii) IPC on
the private compliant filed by the respondent. The petitioners filed a
petition to recall PW1 and PW2 in CMP.No.568 of 2021. The trial Court
by the order dated 09.11.2021 dismissed the same, against which, the
present petition has been filed.
3. The contention of the petitioner is that the Trail Court
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CRL.O.P.No.11359 of 2021
appreciation is factually incorrect and hence, the dismissal oder passed
by the Trial Court, is liable to be set aside. The Trial Court failed to
appreciate the fact that during the course of cross examination of PW1 on
23.09.2011, PW1 failed to co-operate with the trial and hence, further
cross-examination was not conducted on that day, which is observed in
the deposition of cross examination of PW1. Therefore, the
petitioners/accused were forced to file a petition to recall PW1 for the
purpose of further cross examination and PW1 was cross examined on
11.11.2011.
4. It is the further contention of the petitioners that since
PW3 has become hostile witness, they want to further cross examine
PW1 and PW2. Hence, they filed petition under 311 Cr.P.C., which was
dismissed, as against which, the present petition is filed. Further, they
submitted that in the year 2021, they filed a transfer petition, which was
pending before Chief Judicial Magistrate, Salem and the same is now
disposed of.
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CRL.O.P.No.11359 of 2021
5. Considering the submissions and perused the material it is
seen that PW1 was examined in chief on 08.07.2011 and PW2 was
examined in chief on 15.07.2011 and they were not cross examined on
that day. Thereafter, on a petition filed under 311 Cr.P.C., PW1 and PW2
were recalled and cross examined on 23.09.2011 and 02.2.2011,
respectively. Further, again 311 Cr.P.C. petition was filed, and PW1 and
PW2 were recalled and cross-examined on 11.11.2011 and 17.12.2011,
respectively. PW3 was examined in chief on 29.07.2011 and cross
examined on 23.12.2011 and 20.04.2012 by the complainant and PW3
was declared as hostile witness.
6. From the evidence of the witnesses, it is seen that the
petitioners were given several opportunities, to recall and cross examine
the witnesses PW1 and PW2. The case is pending from the year 2011 and
it is almost 10 years over and the reasons given by the petitioners to
recall the said witnesses are not proper and sustainable. Further, the
reason stated by the petitioners that PW3 turned hostile and hence, they
want to further cross examine PW1 and PW2 is not proper. The evidence
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CRL.O.P.No.11359 of 2021
is completed and the case is at the stage of arguments and now, this
petition is filed only to protract the proceedings. Hence, this Court is of
the view that the Lower Court has rightly dismissed the above petition.
7. In view of the same, this Court is not inclined to allow
this petition. Since the case is pending for more than 10 years, the trial
Court is directed to hear the arguments and pass judgment at the earliest.
8. With the above observations and directions, this Criminal
Original Petition is dismissed. Consequently, connected Miscellaneous
Petition is also closed.
02.07.2021
Index: Yes/No
Internet: Yes/No
dna
To
The Judicial Magistrate Court No.I, Sankari.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.11359 of 2021
M.NIRMAL KUMAR, J.
dna
CRL.O.P.No.11359 of 2021
and
Crl.M.P.No.6609 of 2021
02.07.2021
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.11359 of 2021
https://www.mhc.tn.gov.in/judis/
