Madras High Court
Arumugam vs State Represented By on 30 November, 2021
Crl.O.P.(MD)No.6103 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P.(MD)No.6103 of 2021
Arumugam ... Petitioner
vs.
State represented by
The Sub-Inspector of Police,
SIPCOT Police Station,
Sivagangai District.
(Crime No.138 of 2009) ... Respondent
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to
set aside the order passed by the learned Additional District Munsif cum
Judicial Magistrate, Manamadurai in Cr.M.P.No.87 of 2020 in C.C.No.
223 of 2009 dated 07.12.2020.
For Petitioner : Mr.R.Senthil Kumar
For Respondent : Mr.T.Senthil Kumar
Additional Public Prosecutor
ORDER
The petitioner herein is facing trial in C.C.No.223 of 2009 on the
file of the Judicial Magistrate, Manamadurai. The petitioner failed to
cross examine any of the witnesses. He has filed Cr.M.P.No.87 of 2020 to
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.6103 of 2021
recall and for cross-examination. The Court below by impugned order,
dated 07.12.2020 dismissed the said petition. Challenging the same, this
Criminal Original Petition came to be filed.
2. The learned counsel appearing for the petitioner reiterated all
the contentions set out in the memorandum of grounds.
3. However, I am not persuaded by the said submission. Aas
already pointed out by the learned Additional Public Prosecutor for the
respondent, P.W.1 was examined in chief on 02.07.2012 and the other
witnesses were examined in 2012 itself. One of the witnesses was
examined on 05.01.2018. Recall petition came to be filed in 2020. The
case itself is of the year 2009 and it is stated that the case is posted for
judgment.
4. In these circumstances, the petitioner has not given any
convincing reason for his failure to cross-examine the witnesses when
they were examined in chief. It is the duty of the accused to cross-
examine the witnesses after the chief examination is over. There has to be
some exceptional reason if it could not be done. In this case, no reason
has been set out. The trial Magistrate rightly dismissed the petition filed
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.6103 of 2021
by the petitioner. The impugned order does not call for any interference.
This Criminal Original Petition is dismissed.
30.11.2021
Index : Yes/No
Internet : Yes/No
csm/mga
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 Sub-Inspector of Police,
SIPCOT Police Station,
Sivagangai District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.6103 of 2021
G.R.SWAMINATHAN, J.
csm/mga
Crl.O.P.(MD)No.6103 of 2021
30.11.2021
https://www.mhc.tn.gov.in/judis
