Subair Banu vs The Inspector Of Police
2023 Latest Caselaw 9166 Mad

                                                                               Crl.RC(MD) No.348 of 2019


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 27.07.2023

                                                         CORAM:

                                   THE HONOURABLE MR. JUSTICE P.DHANABAL

                                              Crl.RC(MD) No.348 of 2019
                                           and Crl.M.P(MD) No.11203 of 2019


                Subair Banu                                                    ... Petitioner

                                                              Vs.


                The Inspector of Police
                Kottar Police Station,
                Nagercoil,
                Kanyakumari District                                           ..Respondent

                PRAYER: This Criminal Revision case has been filed under Section 397
                r/w.401 of Criminal Procedure Code, to set aside the order of the learned
                Judicial          Magistrate   No.II,   Nagercoil,   Kanyakumari   District     dated
                02.04.2019 made in Crl.M.P.No.2974 of 2019 in C.C. No.258 of 2014 and
                consequently order the certain portion of evidence of P.W. 1 to be
                eschewed forthwith and further to continue the cross examination of
                P.W.1 forthwith



                                  For Petitioner    : Mr.S.Palani Velayutham

                                  For Respondent    : Mr.M.Sakthi Kumar
                                                      Government Advocate(Crl.Side)

                                                    ORDER

This Criminal Original Petition has been filed to set aside the

order of the learned Judicial Magistrate No.II, Nagercoil, Kanyakumari

https://www.mhc.tn.gov.in/judis

Crl.RC(MD) No.348 of 2019

District dated 02.04.2019 made in Crl.M.P.No.2974 of 2019 in C.C. No.

258 of 2014 and consequently order the certain portion of evidence of

P.W. 1 to be eschewed forthwith and further to continue the cross

examination of P.W.1 forthwith.

2. According to the petitioner the evidence of P.W.1 was

stopped due to quarrel between the counsel and the Presiding Officer

and it was incomplete,therefore the said evidence of the P.W.1 has to be

eschewed.

3. There is no provision under Indian Evidence Act or the Code

of Criminal Procedure to eschew the evidence and since already evidence

of P.W. 1 was partly recorded and it has to be decided by the Presiding

Officer at the time of passing judgment, whether it has any evidentiarcy

value or not according to the Evidence Act. Now this Court cannot pass

any orders with regard to the prayer of the petitioner.

4. Accordingly this Criminal Original Petition stands dismissed.

Consequently connected miscellaneous petition is closed.

                                                                               27.07.2023

                Index               : Yes / No
                Internet            : Yes / No
                aav

https://www.mhc.tn.gov.in/judis

Crl.RC(MD) No.348 of 2019

https://www.mhc.tn.gov.in/judis

Crl.RC(MD) No.348 of 2019

To

1. The Inspector of Police Kottar Police Station, Nagercoil, Kanyakumari District

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis

Crl.RC(MD) No.348 of 2019

P.DHANABAL, J.

aav

Crl.RC(MD) No.348 of 2019

27.07.2023

https://www.mhc.tn.gov.in/judis