The Madras High Court dismissed a Criminal Original Petition challenging an order dismissing a motion for recall of witnesses for cross-examination. The court held that the petitioner failed to provide a convincing reason for not cross-examining witnesses during the trial and granted no interim relief.
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.
Crl.O.P.(MD)No.6103 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.11.2021
CORAM: THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.6103 of 2021
Arumugam ... Petitioner
vs.
State represented by The Sub-Inspector of Police, SIPCOT Police Station, Sivagangai District. (Crime No.138 of 2009) ... Respondent
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to set aside the order passed by the learned Additional District Munsif cum Judicial Magistrate, Manamadurai in Cr.M.P.No.87 of 2020 in C.C.No.223 of 2009 dated 07.12.2020.
For Petitioner : Mr.R.Senthil Kumar
For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor
O R D E R
The petitioner herein is facing trial in C.C.No.223 of 2009 on the file of the Judicial Magistrate, Manamadurai. The petitioner failed to cross examine any of the witnesses. He has filed Cr.M.P.No.87 of 2020 to recall and for cross-examination. The Court below by impugned order, dated 07.12.2020 dismissed the said petition. Challenging the same, this Criminal Original Petition came to be filed.
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Crl.O.P.(MD)No.6103 of 2021
Assistant Registrar (Crl side)
// True Copy //
csm/mga
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Additional District Munsif cum Judicial Magistrate, Manamadurai.
2.The Sub-Inspector of Police, SIPCOT Police Station, Sivagangai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.6103 of 2021 30.11.2021
RK(20/12/2021) 2P 4C
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2 issues framed by the court
Whether the impugned order dismissing the petition for recall of witnesses for cross-examination requires interference.
Whether the petitioner suffered prejudice due to failure to cross-examine witnesses during the trial.
1 provisions across 1 enactments
Arumugam
State
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
