K.Semakumar vs The State Represented By
2024 Latest Caselaw 21159 Mad

Madras High Court

K.Semakumar vs The State Represented By on 6 November, 2024

Author: N.Seshasayee

Bench: N.Seshasayee

                                                                              CRL.O.P.No.26907 of 2024


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    Dated : 06.11.2024

                                        CORAM : MR. JUSTICE N.SESHASAYEE

                                                CRL.O.P.No.26907 of 2024
                                               and Crl.M.P.No.14936 of 2024

                     K.Semakumar                                                      ... Petitioner

                                                            Vs.

                     The State represented by
                     Inspector of Police
                     V & AC Wing, Tiruppur                                         ... Respondent



                     PRAYER: Criminal Original Petition filed under Section 528 of B.N.S.S.
                     Act, 2023, to set aside the impugned order passed in Crl.M.P.No.5979 of
                     2024, dated 21.09.2024 in Spl.C.C.No.29 of 2014 on the file of the learned
                     Chief Judicial Magistrate, Tiruppur.

                                  For Petitioner     : Mr.K.Nagarajan

                                  For Respondents    : Mr.K.M.D.Muhilan
                                                       Government Advocate (Crl. Side)


                                                         ORDER

This petition is filed to reopen and recall P.W.2, P.W.7 and P.W.8 in Special

C.C.No.29 of 2014, on the file of the learned Special Court Cum Chief

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Judicial Magistrate, Tiruppur. This Court understands that final arguments

have been advanced and the judgment is scheduled to be delivered tomorrow

(07.11.2024).

2.The learned counsel for the petitioner submits that the counsel on record

for the petitioner before the trial Court failed to ask few questions these

witnesses, and hence he seeks recall of the above witnesses.

3.The learned Prosecutor has filed his counter and submits that the chief

examination of these witnesses have taken place sometime in 2012 and they

were cross examined years later. He added that the F.I.R. was registered in

2010 and the Court itself took cognizance based on the final report of the

investigating agency in 2011.

4.This case is pending obviously for the last 13 years, and this Court is not

able to appreciate the strategy of the petitioner to recall witnesses for cross

examination when the case is posted for delivering judgment. This Court

does not find any merit in this petition. Hence, it is liable to be dismissed.

If, however, due to the failure of the petitioner to raise the questions which

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he wanted to confront these witnesses has led to any adverse verdict against

him then, he is free to approach the Appellate Court with similar prayer.

5.In the end, this petition stands dismissed. Consequently, the connected

miscellaneous petition is closed.

06.11.2024 kas

Index : Yes / No Neutral Citation

To

1.The Chief Judicial Magistrate Tiruppur

2.The Inspector of Police V & AC Wing Tiruppur

3.The Public Prosecutor High Court of Madras Chennai 600 104

N.SESHASAYEE, J.

kas

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

06.11.2024

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