Thiru.P.Elayaraja vs /
2024 Latest Caselaw 15642 Mad

Citation : 2024 Latest Caselaw 15642 Mad
Judgement Date : 12 August, 2024

Madras High Court

Thiru.P.Elayaraja vs / on 12 August, 2024

Author: G.Jayachandran

Bench: G.Jayachandran

                                                                     Crl.O.P.Nos.8893, 9032, 9033, 9035, 9030 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      Dated: 12.08.2024

                                                           Coram:

                                  THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN

                                     Crl.O.P.Nos.8893, 9032, 9033, 9035 & 9030 of 2024
                                    & Crl.M.P.Nos.6370, 6401, 6402, 6403 & 6400 of 2024

                Crl.O.P.No.8893 of 2024 batch

                Thiru.P.Elayaraja.                         ... Petitioner/Complainant

                                                          /versus/


                Thiru.R.Shanmugam.                         ... Respondent/Accused

                Prayer: Criminal Original Petition has been filed under Section 482 of the
                Criminal Procedure Code, to set aside the order dated 04.03.2024 passed by
                Judicial Magistrate, Fast Track Court, Attur in Crl.M.P.No.2 of 2024 in
                STC.No.22 of 2021 and pass orders.


                                         For Petitioner    : Mr.SP.Chockalingam

                                         For Respondent    : Mr.J.Prithivi




                Page No.1/4



https://www.mhc.tn.gov.in/judis
                                                                  Crl.O.P.Nos.8893, 9032, 9033, 9035, 9030 of 2024

                                                  COMMON ORDER

The petitions filed by the accused under Section 311 of Cr.P.C to

recall the witness, allowed by the trial Court on condition that the

petitioner/accused shall pay a sum of Rs.5000/- for each of the witness. Since, it

was the third recall petition and filed to drag the proceedings, the complainant has

filed the present instant Criminal Original Petitions to set aside the order passed by

the Judicial Magistrate, Fast Track Court, Attur, Salem District.

2. The Learned Counsel appearing for the petitioners submits that

after examination of witness as early as 03.09.2021, the accused filed recall

petition on 06.10.2021, witnesses were recalled. On completion of trial, case was

reserved for judgment on 21.04.2022 and thereafter, another application for

examining the document under Section 45 of Evidence Act was filed, the matter

was dragged for two years and then came to end. At this juncture, the 3rd petition

to recall has been filed and allowed, though it was allowed on costs, it has no

deterrent effect on the complainant because his intention is to drag on the case

endlessly.

https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.8893, 9032, 9033, 9035, 9030 of 2024

3. The Learned Counsel appearing for the petitioner submits that in

view of the interim stay granted by this Court, the petitioners were not able to pay

the costs and they are ready to pay the costs and examine the witness on the date

of their appearance and will not seek for any further adjournment. To allege the

apprehension of the petitioners, it is suffice to direct the respondent herein to

immediately pay the costs to the defacto complainant and on receipt of the costs,

the petitioner shall be present before the trial Court on the next hearing date and

subject himself for cross examination. If the respondent fail to cross examine the

witness on the day on which the complainant present, the respondent shall lose the

right to recall the witness. The trial Court shall proceed further and complete the

trial preferably within a period of one month.

4. Recording the same, this Criminal Original Petitions are disposed

of. Consequently, connected Miscellaneous Petitions are closed.




                                                                                                   12.08.2024
                Index             :Yes/No.
                Internet          :Yes/No.
                bsm





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

Crl.O.P.Nos.8893, 9032, 9033, 9035, 9030 of 2024

Dr.G.JAYACHANDRAN, J.

bsm To:-