Madras High Court
Justin David Salamon Amalraj vs Ganesan on 22 November, 2023
Author: G.Ilangovan
Bench: G.Ilangovan
Crl.O.P.(MD) No.17467 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.17467 of 2023
and Crl.M.P.(MD).No.13880 of 2023
Justin David Salamon Amalraj ...Petitioner/Accused
Vs.
Ganesan ...Respondent/Complainant
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call
for the records and set aside the docket order made in C.C.No.158 of 2020 on the
file of the Fast Track Court (Magisterial Level), Karaikudi, dated 12.09.2023.
For Petitioner :Mr.D.Venkatesh
For Respondent :No Appearance
ORDER
This criminal original petition has been filed to set aside the docket order
made in C.C.No.158 of 2020 on the file of the Fast Track Court (Magisterial
Level), Karaikudi, dated 12.09.2023.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.17467 of 2023
2.The grievance of the petitioner is that he himself examined as DW1
before the trial Court on 12.05.2023. Later, it was posted for cross examination.
Finally, it was posted on 23.06.2023 for cross examination on the side of the
complainant. Later it could not be done. So, it was adjourned periodically.
Because of the absence or failure on the part of the defence, cross examination of
this petitioner was ordered to be closed on 03.07.2023. Later, he filed application
seeking recall of this petitioner for cross examination that was also allowed. Later
got adjourned on various dates. Finally on 12.09.2023, it was posted for cross
examination. On that date, both this petitioner as well as the complainant
remained absent. On that behind applications were filed. Application filed by the
complainant was allowed, whereas, the application filed by this petitioner was
dismissed. So the cross examination was ordered to closed. Chief examination of
this petitioner was also scrapped. Challenging the above said order, this petition
has been filed.
3.This Court is not in position to understand the proceedings that has been
taken by the trial Court. On the date of cross examination, both sides remained
absent. It ought to have adjourned the matter and directed the complainant to
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.17467 of 2023
cross examine the petitioner. Without resorting such proceedings, they scrapped
the chief examination, which is not legal. There is no question of scrapping chief
examination. On the sole ground itself, this Court is inclined to set aside the
docket order dated 12.09.2023 passed by the learned Judicial Magistrate, Fast
Track Court (Magisterial Level), Karaikudi, in C.C.No.158 of 2020.
4.Accordingly, the docket order dated 12.09.2023 passed by the learned
Judicial Magistrate, Fast Track Court (Magisterial Level), Karaikudi, in C.C.No.
158 of 2020, is hereby set aside. Both parties must appear before the trial Court
on 22.12.2023 without fail. On that date, the complainant must cross examine the
petitioner. The petitioner must present before the Court on that day. If any failure
is noticed, then the judgment shall be pronounced by the trial Court on the basis
of the records available. If the petitioner wants to examine further witnesses, he
may be permitted by the trial Court in this regard, without being influenced by the
observations made by this Court in this matter.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.17467 of 2023
5.With the above said directions, this criminal original petition stands
disposed of. Consequently, connected miscellaneous petition is closed.
Speaking : Yes / No 22.11.2023
NCC : Yes / No
Internet : Yes / No
Index : Yes / No
TM
Note: Issue order copy on 27.11.2023.
To
1.The Judicial Magistrate, Fast Track Court (Magisterial Level), Karaikudi.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.17467 of 2023
G.ILANGOVAN. J.
TM
Crl.O.P.(MD)No.17467 of 2023
22.11.2023
https://www.mhc.tn.gov.in/judis
