Madras High Court
S.Jeeva vs The State Rep By on 16 June, 2021
Crl.O.P.(MD)No.7803 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE ON WHICH RESERVED : 16.06.2021
DATE ON WHICH PRONOUNCED : 23.06.2021
CORAM:
THE HON'BLE MR JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.7803 of 2021
and
Crl.MP(MD)No.3975 of 2021
1.S.Jeeva
2.S.Dharani ... Petitioners/Petitioners/
Accused No.1 & 2
Vs.
The State rep by
The Deputy Superintendent of Police,
Oddanchathiram Sub-Division,
Sempatty Police Station,
Cr.No.882 of 2020.
Dindigul District. ... Respondent/Respondent
Complainant
Prayer:Criminal Original Petition is filed under Section 482 Cr.P.C., to call
for records pertaining to the order passed by the learned Principal
Magistrate/Juvenile Justice Board, Dindigul in Crl.MPNo.45 of 2021 dated
01.04.2021 in J.C.No.33 of 2020 and set aside the same and to permit the
petitioners to cross examine the prosecution Witness Nos.1 to 4.
1/6
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.7803 of 2021
For Petitioners : Mr.S.Balakarthick
For Respondent : Mr.R.M.Anbu Nithi,
Additional Public Prosecutor.
ORDER
This Criminal Original Petition is filed to quash the order passed by
the learned Principal Magistrate/Juvenile Justice Board, Dindigul, in
Crl.MPNo.45 of 2021, dated 01.04.2021, in J.C.No.33 of 2020 and to permit
the petitioners to cross examine the prosecution Witness Nos.1 to 4.
2. The case of the prosecution is that on 22.06.2020, at about
09.20 p.m., when the defacto complainant was returning home in his two
wheeler, one Kesavan, Murugan and Seenu @ Dineshkumar had parked
their vehicles in the road and also consuming liquor. When the same was
questioned by the defacto complainant, they scolded the defacto
complainant by his caste name. Thereafter, the relatives of the above said
persons and the petitioners herein came there with wooden logs and abused
the defacto complainant, his wife and his relatives in filthy language and
also criminally intimidated them. So, a case in Crime No.882 of 2020 was
registered against the accused by the Sempatty Police Station, Dindigul and
the same was transferred to the respondent herein, for investigation. Since
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.7803 of 2021
the petitioners being juveniles, the respondent police filed a charge sheet
before the Juvenile Justice Board, Dindigul, for the offences under Sections
147, 294(b), 506 (i) of IPC r/w 3 (1) (r) (s), 3 (2) (Va) SC/ST (POA)
Amendment Act 2015, and the same was taken on file in J.C.No.33 of 2020.
P.W.1 to P.W.4 were examined as in chief on 25.022021. Even though, on
the that of chief examination, the petitioners counsel appeared before the
Trial Court, he has omitted to cross examine the witnesses. Hence, the
petitioners filed a petition before the learned Principal Magistrate/Juvenile
Justice Board, Dindigul, in Crl.MP.No.45 of 2021 in J.C.No.33 of 2020,
under Section 311 Cr.P.C to re-call the witnesses P.W.1 to P.W.4 for
cross-examination. That petition was dismissed by the learned earned
Principal Magistrate/Juvenile Justice Board, Dindigul, dated 01.04.2021.
Hence, this petition.
3.Heard both sides.
4. P.Ws.1 to 4 were examined in chief on 25.02.2021. The learned
counsel for the petitioner was not in a position to cross-examine the
witnesses. So, he filed an application on 04.03.2021, under Section
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.7803 of 2021
311 Cr.P.C to re-call the witnesses for cross-examination. That petition
came to be dismissed by the learned Principal Magistrate/Juvenile Justice
Board, Dindigul, on 01.04.2021, mainly on the ground that the opportunity
was not properly utilised by the petitioners and cross-examination cannot be
deferred beyond the examination of the other witnesses. He has also relied
upon the judgment of the Hon'ble Supreme Court in Vinod Kumar Vs
State of Punjab.
5. The learned counsel for the petitioner at the time of arguments
would submit that only due to the inability on the part of the learned counsel
for the petitioners to get instruction from the juveniles, he was not in a
position to cross-examine the witnesses, on the date of chief examination
and apart from that, there is no lethargic attitude on the part of the learned
counsel for the petitioner. When such a plea is taken, it is the duty of this
Court to see that a fair trial requires due participation of the accused and the
prosecution and the inability, on the part of the counsel for the petitioner to
get proper instruction cannot be a ground for non-cross-examination. But, in
the facts and circumstances of the case, I am of the considered view that the
petitioners being the juvenile, must be given one more opportunity, to cross-
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.7803 of 2021
examine the witnesses.
6. Moreover, it may not be proper on the part of the Juvenile Justice
Board to render justice on the basis of the unchallenged testimony of
witnesses. The purpose of cross examination has been elaborately dealt with
in many cases.
7. So, I am of the considered view that one more opportunity shall be
given to the petitioners to cross-examine the witnesses. The petitioners,
being juveniles, it may not be proper on the part of this Court to impose
costs. But, the petition is liable to be allowed and the order passed by the
learned Principal Magistrate/Juvenile Justice Board, Dindigul, dated
01.04.2021, is set aside with the following conditions:-
(i) The learned Principal Magistrate/Juvenile Justice Board, Dindigul
must fix a date for cross-examination of P.W.1 to P.W.4 by the petitioners
within 15 days from the date of resumption of normal work and shall send
summons to the witnesses.
(ii) On the date fixed, the petitioners must cross examine the
witnesses without fail. If any failure is noticed, then the right of cross
examination of the witnesses will be lost.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.7803 of 2021
G.ILANGOVAN,J.,
dss
8. With the above direction, this Criminal Original Petition is
allowed. Consequently, the connected miscellaneous petition is closed.
23.06.2021
Internet:Yes
Index:Yes/No
Speaking order/Non-Speaking order
dss
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 learned Principal Magistrate/Juvenile Justice Board,
Dindigul.
2. The Deputy Superintendent of Police,
Oddanchathiram Sub-Division,
Sempatty Police Station,
Dindigul District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.O.P.(MD)No.7803 of 2021
and
Crl.MP(MD)No.3975 of 2021
https://www.mhc.tn.gov.in/judis/
