Raveendran vs /
2024 Latest Caselaw 20295 Mad

Madras High Court

Raveendran vs / on 25 October, 2024

Author: G.Jayachandran

Bench: G.Jayachandran

                                                                            Crl.O.P.No.26661 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      Dated:25.10.2024

                                                         Coram:

                                  THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                                 Crl.O.P.No.26661 of 2024
                                                            and
                                                 Crl.M.P.No.14795 of 2024
                     1.Raveendran
                     2.Arumugam
                     3.Kalarani                                 .. Petitioners/Accused 1-3

                                                         /versus/

                     1.The State Rep.by Inspector of Police,
                     Gudiyatham AWPS, Vellore District,
                     (Crime No.4 of 2021)                    ..Respondent/Complainant

                     2.Selvavigneshwari               .. Respondent/Defacto
                                                                 Complainant
                                   Criminal Original Petition has been filed under Section 528 of
                     BNSS, to set aside the order passed in Crl.M.P.No.10023 of 2024 in
                     C.C.No.65 of 2024 on the file of the learned Judicial Magistrate No.IV,
                     Vellore, Vellore District.
                                   For Petitioners    :Mr.S.Suresh
                                   For R1             :Mr.K.M.D.Muhilan
                                                       Govt.Advocate (Crl.Side)
                                                      ------




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                                                                          Crl.O.P.No.26661 of 2024

                                                     ORDER

The petitioners, who are the accused in C.C.No.65 of 2024 had

filed a deferred cross petition, after chief examination of PW-1. The said

petition was dismissed citing Vinothkumar case judgment of the Hon'ble

Supreme Court.

2. The learned counsel appearing for the petitioners submitted

that the right to seek for deferred cross is the right available under the

Code and the judgment of the Hon'ble Supreme Court rendered in Vinod

kumar vs. State of Punbaj reported in [(2015)3 SCC 220] is particularly

in respect of the petition filed to recall the witness. That judgment cannot

be applied to the petition filed to defer the cross examination of the prime

witness, till the other witnesses are examined.

3. This Court finds force in the submission made by the learned

counsel appearing for the petitioners. Therefore, the order of the trial

Court passed in Crl.M.P.No.10023 of 2024 in C.C.No.65 of 2024

refusing to defer the cross examination of PW-1 is set aside to the limited

extent giving liberty to the petitioners to cross examine PW-1 on the next

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hearing date. For the said purpose, the witness (PW-1) to be summoned

for subjecting himself for cross examination. Accordingly, this Criminal

original Petition is allowed. Consequently, connected Miscellaneous

Petition is closed.

25.10.2024

Index:yes/no Internet:yes/no ari Note:Issue order copy on 28.10.2024 To:

1.The Judicial Magistrate No.IV, Vellore, Vellore District.

2.Inspector of Police, Gudiyatham AWPS, Vellore District, (Crime No.4 of 2021)

3.The Public Prosecutor, High Court, Madras.

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Dr.G.JAYACHANDRAN,J.

ari

and

25.10.2024

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