Madras High Court
Rajasankar vs State Rep By on 18 June, 2021
Crl.O.P.(MD)No.7964 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.7964 of 2021
and
Crl.M.P(MD) Nos.4088 and 4089 of 2021
Rajasankar ... Petitioner/Petitioner/Accused
Vs.
State rep by
The Inspector of Police,
All Women Police Station Rural,
Tirunelveli,
Tirunelveli District.
(Crime No.8/2019) ... Respondent/Respondent/
Complainant
PRAYER : Criminal Original Petition is filed under Section 482 of
Cr.P.C, to set aside the order passed in Cr.M.P.No.699/2021 in C.C.No.
40/2020 on the file of the Judicial Magistrate /Additional Mahila Court,
Tirunelveli, dated 22.04.2021.
For Petitioner : Ms.D.Saravanan
For Respondent : Mr.R.M.Anbunidhi
Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis/
1/5
Crl.O.P.(MD)No.7964 of 2021
ORDER
This petition has been filed to set aside the order passed in
Cr.M.P.No.699/2021 in C.C.No.40/2020 on the file of the Judicial
Magistrate /Additional Mahila Court, Tirunelveli dated 22.04.2021
2. The case of the petitioner is that he has filed an application
under Section 311 of Cr.P.C. to recall P.W.1 and P.W.2 before the trial
Court for the purpose of cross-examination of witnesses, since he is not
in a position to get proper instructions from his advocate whether the
witnesses were cross-examined or not? On that basis, he filed a petition
before the trial Court. After hearing all the parties, the trial Court has
passed a detailed order by referring the judgment of the Hon'ble Supreme
Court in the case of Hanuman Ram vs. State of Rajasthan reported in
(2008) 3SCC 602 and State (NCT of Delhi) vs. Shiv Kumar reported in
(2016) 2 SCC 402 and dismissed the petition filed by the petitioner.
3. Heard the learned counsel appearing for the petitioner and the
learned Additional Public Prosecutor.
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Crl.O.P.(MD)No.7964 of 2021
4. The learned counsel appearing for the petitioner would submit
that since the counsel for the petitioner, who appeared before the trial
Court, was not well on the date of chief examination of witnessess
namely P.W.1 and P.W.2, they are not in a position to cross-examine the
witnesses on the same day.
5. Considering the facts and circumstances of the case, this Court
is inclined to set aside the order passed in Cr.M.P.No.699 of 2021 in
C.C.No.40 of 2020 on the file of the Judicial Magistrate/Additional
Mahila Court, Tirunelveli, with a condition that the petitioner shall
deposit a sum of Rs.1,500/- (Rupees One Thousand Five Hundred
Rupees Only) before the trial Court as cost. On such deposit, the trial
Court is directed to recall the witnesses namely P.W.1 and P.W.2 for the
purpose of cross-examination of witnesses and the petitioner can cross-
examine the witnesses on the day fixed by the trial Court. The petitioner
shall not get any adjournment. If the petitioner do not cross-examine the
witnesses, the order will stand cancelled on the same day itself.
6. With these directions, this Criminal Original Petition stands
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Crl.O.P.(MD)No.7964 of 2021
allowed. Consequently, connected miscellaneous petitions are also
closed.
18.06.2021
Index : Yes/No
Internet : Yes/No
ssb
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 /Additional Mahila Court,
Tirunelveli.
2.The Inspector of Police,
All Women Police Station Rural,
Tirunelveli, Tirunelveli 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.7964 of 2021
G.ILANGOVAN. J.
ssb
Crl.O.P.(MD)No.7964 of 2021
18.06.2021
https://www.mhc.tn.gov.in/judis/
