Madras High Court
Krishnamoorthi vs State Rep. By The on 19 July, 2021
Crl.O.P.(MD)No.9622 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.9622 of 2021
and Crl.M.P(MD)No.4912 of 2021
1.Krishnamoorthi
2.Dinesh
3.Sankar
4.Ganesmoorthi
5.Packiyaraj ... Petitioners/Petitioners/A2 to A6
Vs.
State rep. by the
Sub Inspector of Police,
Nadukaveri Police Station,
Thanjavur District.
(In Crime No.153 of 2013) ... Respondent/Respondent/Complainant
PRAYER : Criminal Original Petition is filed under Section 482 of
Cr.P.C, to set aside the dismissal order passed in C.M.P.No.1901 of 2020
in C.C.No.128 of 2015 on the file of the Judicial Magistrate,
Thiruvaiyaru dated 29.04.2021.
For Petitioners : Mr.S.Deenadhayalan
For R1 and R2 : Mr.R.M.Anbunithi
Additional Public Prosecutor
ORDER
This petition has been filed seeking to set aside the dismissal order
passed in C.M.P.No.1901 of 2020 in C.C.No.128 of 2015 on the file of
the Judicial Magistrate, Thiruvaiyaru dated 29.04.2021.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.9622 of 2021
2. The petitioners are facing charges for the offences under
Sections 147, 294(b), 352, 354, 506(ii) IPC before the trial court.
3. The learned Additional Public Prosecutor submits that P.W.3 and
P.W.5 were examined in chief on 19.07.2017 but on that day, there was
no cross-examination on the part of the petitioner and it was closed. He
would further submit that the case was posted on 24.07.2021 for the
purpose of further examination of the witnesses.
4. On a perusal of records, it is seen that after lapse of 3 years, a
petition has been filed seeking permission to cross-examine P.W.3 and
P.W.5. It is mentioned in the order that the judgment reported in
2015(3)SCC 220 in Vinod Kumar Vs. the State of Punjab is relied on
by the State. It is also stated in the order that no such reasons were given
by the petitioner to cross-examine P.W.3 and P.W.5 and on that finding,
the petition came to be dismissed. Challenging the said order, the present
petition has been filed.
5. The learned counsel for the petitioners submits that on the date
of chief examination, the senior counsel could not appear before the
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.9622 of 2021
court and since the junior counsel has appeared, it was recorded that
there was no cross-examination.
6. This Court heard the submissions made on either side and
perused the entire records carefully.
7. Considering the nature of the offences that are alleged against
the petitioners, final opportunity can be given to the petitioners to cross-
examine P.W.3 and P.W.5 on the following conditions:
The petitioners shall deposit Rs.1500/-(Rupees one
thousand and five hundred only) as cost before the
concerned court. On such deposit being made, the learned
Judicial Magistrate, Thiruvaiyaru shall fix a specific date
for cross-examination and send summons to P.W.3 and
P.W.5 to appear on that day. The petitioners shall cross-
examine them on the same day without further
adjournment. If any violation noticed, their right to cross-
examine P.W.3 and P.W.5 will be forfeited.
8. With the above direction, the order passed C.M.PNo.1901 of
2020 in C.C.No.128 of 2015 on the file of the Judicial Magistrate,
Thiruvaiyaru dated 29.04.2021 is set aside.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.9622 of 2021
9. In the result, this petition is allowed to the extent indicated
above. Consequently, connected miscellaneous petition is closed.
19.07.2021
Index : Yes/No
Internet : Yes/No
CM
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy of
the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To,
1.The Judicial Magistrate,
Thiruvaiyaru
2.The Sub Inspector of Police,
Nadukaveri Police Station,
Thanjavur District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.9622 of 2021
G.ILANGOVAN. J.
CM
Crl.O.P.(MD)No.9622 of 2021
and Crl.M.P(MD)No.4912 of 2021
19.07.2021
https://www.mhc.tn.gov.in/judis/
