Madras High Court
Chandrasekar vs State Represented By on 9 March, 2023
Crl.O.P.(MD)No.4461 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.4461 of 2023
and
Crl.M.P(MD).No.3936 of 2023
1.Chandrasekar
2.Palaniyappan
3.Sekar
4.Ramesh
5.Gopi ... Petitioners
Vs.
State represented by
The Inspector of Police,
Aranthangi Police Station,
Pudukkottai District.
(Crime No.244 of 2019) ...Respondent
PRAYER : Criminal Original Petition is filed under Section 482 of
Cr.P.C, to set aside the order in Crl.M.P(MD).No.1137 of 2022 in
S.C.No.47 of 2020 dated 17.02.2023 on the file of the learned Chief
Judicial Magistrate Court, Pudukkottai by allowing this Criminal
Original Petition.
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1/5
Crl.O.P.(MD)No.4461 of 2023
For Petitioners : Mr.P.Ganapathi Subramanian
For Respondent : Mr.B.Nambiselvan
Additional Public Prosecutor
ORDER
This petition has been filed to set aside the order of
dismissal dated 17.02.2023 passed in petition filed under Section 311 of
Cr.P.C by the Chief Judicial Magistrate Court, Pudukkottai, in
Crl.M.P.No.1137 of 2022 in S.C.No.47 of 2020 and allow this Criminal
Original Petition.
2. The petitioners are facing trial before the Court below and
several witnesses were examined in chief on various dates. The
petitioners did not cross-examine the witness P.W.1, since on the date of
cross examination, his counsel was sick. After closing the prosecution
side witnesses, the case was posted for defense side witnesses, at that
time, petition has been filed by them and the same was dismissed by the
trial Court by citing order of Hon'ble Supreme Court and no proper
reason was assigned for non-cross examination of P.W.1.
3. Heard both sides.
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Crl.O.P.(MD)No.4461 of 2023
4. Perusal of records shows that P.W.1, suffered injury, at the hands
of this petitioners and the offence under Section 307 IPC is grievous in
nature and therefore, one more opportunity should be given to the
petitioners to cross examine P.W.1.
5. Considering the fact that petitioner is facing serious charges,
without cross examination of the witness P.W.1, a fair judgment may not
be possible. On the sole ground, one more opportunity is given to the
petitioners on stringent condition. The petitioners are directed to pay Rs.
2,000/- (Rupees Two Thousand Only) jointly, as cost to P.W.1 within a
week from the date of receipt of copy of this order. On such payment,
the trial Court may fix the date for cross examine the witness of P.W.1.
On that date the petitioners' counsel must cross examine the P.W.1
without fail. If any failure is noticed on the part of the petitioners'
counsel, his further right of cross examination of P.W.1 will be forfeited
forever.
6. With the above said direction, this petition stands allowed and
the order passed by the learned Chief Judicial Magistrate Court,
Pudukkottai, in Crl.M.P.No.1137 of 2022 in S.C.No.47 of 2020, dated
17.02.2023, is quashed. Consequently, the connection miscellaneous
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Crl.O.P.(MD)No.4461 of 2023
petition is closed.
09.03.2023
Index : Yes/No
Internet : Yes/No
tta
To
1.The Inspector of Police,
Aranthangi Police Station,
Pudukkottai District.
2. Chief Judicial Magistrate Court, Pudukkottai
G.ILANGOVAN. J,
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.4461 of 2023
tta
Crl.O.P.(MD)No.4461 of 2023
09.03.2023
https://www.mhc.tn.gov.in/judis
