Allowed

Vinayagam v. The Inspector of Police

Madras HC7 Oct 2022CRL OP(MD)/18051/2022

Case brief

AI extract

What is this about?

This order allowed a Criminal Original Petition filed to set aside a trial court's dismissal of an application for cross-examination of witnesses. The High Court set aside the prior order, noting the absence was not willful due to a festival, and directed the petitioners to cooperate with the trial proceedings to prove their defense in a Section 302 IPC case.

What did the court decide?

The order dated 23.09.2022 in Crl.M.P.No.441 of 2022 was set aside; petitioners directed to cooperate with trial proceedings.

Vinayagam Vs The Inspector of Police — Criminal Trial and Appeal | Madras HC (2022)

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CRL OP(MD). No.18051 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Date : 07/10/2022

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Coram:

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The Hon`ble Mrs.Justice T.V.THAMILSELVI

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CRL OP(MD). No.18051 of 2022 and Crl.M.P(MD)No.12043 of 2022

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1.Vinayagam 2.Ulaganathan 3.Sivasubramaniyan 4.Sudalai 5.Muthukumar 6.Subramaniyan 7.Santhanam 8.Sivan Shet 9.Mari Raj 10.Pitchaiah 11.Veldurai 12.Karrubiah 13.Ramesh 14.Pandaram 15.Manivel 16.Kalaivanan 17.Muthu Raj ... Petitioners/Accused Nos.1 to 17

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Vs.

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The State represented by The Inspector of Police, Pappakudi Police Station, Tenkasi District. ... Respondent/Complainant

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

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CRL OP(MD). No.18051 of 2022

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PRAYER :-Criminal Original Petition filed under Section 482 Cr.P.C.,

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praying to call for the records pertaining to the order dated 23.09.2022 in Crl.M.P.No.441 of 2022 in S.C.No.674 of 2016 on the file of the Additional District and Sessions Judge (FTC), Tenkasi, and to set aside

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the same.

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For Petitioners : Mr.V.Kathirvelu for Mr.K.Prabhu

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For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor

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O R D E R

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This Criminal Original Petition is filed to set aside the order dated 23.09.2022 in Crl.M.P.No.441 of 2022 in S.C.No.674 of 2016 on the file

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of the Additional District and Sessions Judge (FTC), Tenkasi,

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2.Heard the learned counsel for the petitioners, the learned Additional Public Prosecutor appearing for the respondent.

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3.The learned counsel appearing for the petitioners states that the petitioners/accused have filed a petition in Crl.M.P.No.441 of 2022 before the Additional District and Sessions Judge(FTC), Tenkasi, to

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2/4

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

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CRL OP(MD). No.18051 of 2022

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cross examine P.W.5 to P.W.8 and the same was dismissed by the trial Court. Challenging the same, the present criminal original petition is filed.

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4.Due to temple festival, to avoid law and order problem, the adjournment was sought for and their absence are neither wanton nor wilful. Since it is a case of 302 IPC, the petitioners shall be given due opportunity to prove the defence by examining the witnesses.

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5.In view of the above, the order passed in Crl.M.P.No.441 of 2022 in S.C.No.674 of 2016 on the file of the Additional District and Sessions Judge (FTC), Tenkasi, is set aside and the petitioners are directed to co-operate with the trial proceedings.

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6.Accordingly, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

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07.10.2022

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Index:Yes/No Internet:Yes/No

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

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CRL OP(MD). No.18051 of 2022

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T.V.THAMILSELVI,J

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Ns/Sn

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The Additional District and Sessions Judge (FTC), Tenkasi.

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2.The Inspector of Police, Pappakudi Police Station, Tenkasi District.

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The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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ORDER IN CRL OP(MD) No.18051 of 2022

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Date : 07/10/2022

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

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Vinayagam v. The Inspector of Police

Case brief

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Vinayagam v. The Inspector of Police

Case brief

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