Muthu vs The State Rep By Its
2024 Latest Caselaw 20760 Mad

Madras High Court

Muthu vs The State Rep By Its on 23 October, 2024

Author: G.Jayachandran

Bench: G.Jayachandran

                                                                             Crl.O.P.No.26199 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 23.10.2024

                                                         CORAM

                                  THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN

                                                 Crl.O.P.No.26199 of 2024

                     Muthu                                                       ... Petitioner
                                                            Vs.

                     1.The State Rep by its,
                     The Inspector of Police
                     Tiruvarur Taluk Police Station,
                     Tiruvarur.
                     (Crime No. 120/2023)                                         ... Respondent

                     Prayer: Criminal Original Petition is filed under Section 528 BNSS,
                     pleased to set aside the order in Crl.MP.No. 495 of 2024 in C.C.No. 109
                     of 2024 dated 10.09.2024 passed by the Leaned Judicial Magistrate
                     (Addl Mahila) at Thinivarur.

                                        For Petitioner     : Mr.G.Saravananbhavan

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

                                                         ORDER

The petitioner is a sole accused in C.C.No.109 of 2024. He has

filed an application under Section 311 Cr.P.C., to recall PW.2, the eye

witness to the occurrence on the ground that cross examination of PW.2

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was incomplete and stopped due to poor light. Hence he has to be

recalled. However, the trial Court has dismissed the application stating

that PW.2 been cross examined extensively and in the light of the

judgment of the Hon'ble Supreme Court in Vinodkumar Vs. State of

U.P., witnesses has to be cross examined on the same day of chief

examination and therefore, application under Section 311 Cr.P.C., cannot

be entertained.

2. The perusal of the deposition of PW.2 indicates that the

cross examination not completed and the Court has not recorded that

cross examination completed and no re-examination. Apparently the

cross examination has stopped abruptly and probably due to poor light as

contended by the petitioner. Further, the eye witness to the occurrence

except few question, the other aspects not been questioned by the

petitioner herein. Whereas, the trial Court has observed that the witness

has cross examined extensively which is factually incorrect. Hence the

petition to set aside the order of the trial Court is allowed. The petitioner

is permitted to cross examine PW.2 on the date of his appearance. For the

said purpose, the trial Court shall summon PW.2 and permit the

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petitioner herein to further cross.

3. With this direction, this Criminal Original Petition is

allowed.

23.10.2024

rpl

To

1.The Judicial Magistrate (Addl Mahila), Thinivarur.

2.The Inspector of Police Tiruvarur Taluk Police Station, Tiruvarur.

3.The Public Prosecutor, High Court of Madras, Chennai.

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

Dr.G.JAYACHANDRAN,J.

rpl

23.10.2024

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