Court disposed of a petition seeking to reopen defense evidence after the petitioner repeatedly delayed proceedings and failed to examine witnesses, upholding the lower court's dismissal of the second application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2018
CORAM:
THE HON'BLE MR.JUSTICE N. ANAND VENKATESH
Crl.O.P.No.30309 of 2018 and Crl.M.P.No.17839 of 2018
Suseela Yuvaraj ... Petitioner vs. S.Mohan ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the order passed in Crl.M.P.No.10392 of 2018 in C.C.No.1548 of 2016 by the Metropolitan Magistrate Court, Fast Track Court No.IV, George Town, Chennai-600 001, dated 14.12.2018 and allow the above Criminal Original Petition.
For Petitioner : M/s.Padmaja Mohan
This petition has been filed challenging the order passed by the Court below dismissing the application filed by the petitioner under Section 311 of Cr.P.C., to reopen the case for defense side evidence.
also issued and it was subsequently, recalled. After recalling of the non bailable warrant, the petitioner has filed a petition under Section 311 of Cr.P.C., for the purpose of reopening the defense side evidence.
Sd/Assistant Registrar(CO) //True Copy// Sub Assistant Registrar dss To
+1cc to M/s.Padmaja Mohan, Advocate, S.R.No.89975
Crl.O.P.No.30309 of 2018
SSI(CO) CS/29/01/2019
2 issues framed by the court
Whether the Court can be allowed a further opportunity to reopen defense evidence after dismissing a second petition for delay.
Whether there is any illegality or infirmity in the lower court's order dismissing the petition for reopening evidence due to persistent delay.
Suseela Yuvaraj
S.Mohan
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
