Madras High Court
Yuvaraja vs The State Represented By on 3 February, 2022
Crl.O.P.(MD)No.2228 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.02.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P(MD)No.2228 of 2022
and
Crl.M.P(MD)No.1635 of 2022
Yuvaraja ... Petitioner/
Petitioner/
Accused
Vs.
The State represented by,
The Sub-Inspector of Police,
Thenkarai Police Station,
Theni District.
(Crime No.45 of 2015) ... Respondent/
Respondent/
Complainant
Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to set
aside the order, passed in Crl.M.P.No:3355 of 2019 in C.C.No:75 of 2015,
dated 05.07.2019, passed by the learned Judicial Magistrate, Periyakulam, by
allowing the Criminal Original Petition.
For Petitioner : Mr.G.Rajan
For Respondent : Mr.M.Sakthi Kumar
Government Advocate (Crl.Side)
https://www.mhc.tn.gov.in/judis
1/5
Crl.O.P.(MD)No.2228 of 2022
ORDER
Heard the learned counsel appearing for the petitioner and the learned
Government Advocate (Criminal Side) appearing for the respondent.
2. The petitioner is facing trial in C.C.No.75 of 2015 on the file of
Judicial Magistrate, Periyakulam for the offence under Section 304 (A) IPC.
The prosecution witnesses P.W.1 to P.W.6 were examined in chief as early as on
25.06.2019. However, they were not cross-examined. Thereafter, the present
petition for recalling of witnesses was filed. The Court below has dismissed the
same on 05.07.2019. The said order has been put to challenge in this Criminal
Original Petition. This Criminal Original Petition was filed on 27.01.2022.
There is absolutely no explanation for the enormous delay in filing this
Criminal Original Petition. I have two difficulties before me.
a) The reason given by the Court below cannot be termed as incorrect.
On the other hand, the reasons are fully justified.
b) The petitioner has not come to this Court immediately.
3. Though I am more than inclined to dismiss this Criminal Original
Petition, the petitioner's counsel states that the petitioner is a poor load man and
that only because he could not mobilize funds, he could not file this Criminal
Original Petition immediately. He also wanted this Court to bear in mind that
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.2228 of 2022
on account of lock down, his livelihood had been virtually wrecked. The
petitioner's counsel asserts that the case is still pending and the next hearing
date is 15.02.2022. He has also stated that the matter is posted for arguments.
If the petitioner is made to face the judgment, he would certainly be convicted.
Taking note of the poor economic background of the petitioner, I am inclined to
grant him one more opportunity. I am inclined to interfere only because the
petitioner's counsel asserts that all the witnesses are still alive. If any of the
witnesses have unfortunately passed away in the meanwhile, this order cannot
be enforced as far as they are concerned. With this clarification, the order
impugned in this Criminal Original Petition is set aside. The prosecution shall
cause production of six witnesses on the coming hearing dates. The petitioner
is strictly directed to cross examine all the witnesses on the same day when they
appear and on no account, the petitioner will adopt any dragging on tactics. If
the petitioner fails to cross examine even a single witness, the Court can
straightaway proceed to hear arguments. This Criminal Original Petition is
allowed on these terms. Consequently, connected miscellaneous petition is
closed.
03.02.2022
Index : Yes / No
Internet : Yes/ No
mga
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.2228 of 2022
Note:1. Issue Order Copy on 09.02.2022.
2. 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,
Periyakulam.
2.The Sub-Inspector of Police,
Thenkarai Police Station,
Theni 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.2228 of 2022
G.R.SWAMINATHAN, J.
mga
Crl.O.P(MD)No.2228 of 2022
and
Crl.M.P(MD)No.1635 of 2022
03.02.2022
https://www.mhc.tn.gov.in/judis
