This Court dismissed a Criminal Original Petition seeking to set aside an order rejecting an application to recall witnesses for further cross-examination. The Court found that detailed cross-examination had already been conducted and the petition was filed to protract the trial.
The Criminal Original Petition No. 27751 of 2023 is dismissed.
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Crl.OP.No.27751 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.12.2023
CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Criminal Original Petition No.27751 of 2023
R.Rajini
.. Petitioner
Versus
State represented by The Inspector of Police Vigilance and Anti Corruption, Krishnagiri
.. Respondent
Criminal Original Petition is filed under Section 482 of Cr.P.C to set aside the order passed by the learned Chief Judicial Magistrate Court,Krishnagiri in Crl.M.P.No.14111 of 2023 in Spl.C.C.No.09 of 2015 dated 10.11.2023.
For Petitioner : Mr. P. Ezhil Nilavan For Respondent : Mr. S. Udayakumar Government Advocate (crl.side)
O R D E R
This Criminal Original Petition has been filed to set aside the order
dated 10.11.2023 passed by the learned Chief Judicial Magistrate, Krishnagiri
in Crl.M.P.No.14111 of 2023 in Spl.C.C.No.09 of 2015, whereby the petition
filed under Section 311 Cr.P.C. seeking to recall P.W.2 to P.W.7 for further
cross examination was dismissed. https://www.mhc.tn.gov.in/judis
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submit that even as per the averments of the petitioner, the counsel, who appeared on behalf of him before the trial Court, had passed away during the year 2021. He would further submit that P.W.2, the defacto complainant was examined on 06.08.2019, P.W.3, shadow witness was examined on 22.10.2019, P.W.4, Inspector was examined on 25.11.2019, P.W.5, Tahsildar was examined on 07.01.2020, P.W.6, father of the defacto complainant was examined on 03.02.2020 and P.W.7 Assistant Taluk Officer, Hosur was examined on 12.10.2021. He would also submit that a detailed cross examination has been done by the counsel for the petitioner. Only in order to protract the proceedings the petition has been filed. He would further submit that the learned Trial Judge following the mandate of Vinoth Kumar /vs/ State of Punjab (2015(3)SCC 220 had dismissed the application and there is no infirmity or illegality in the order passed by the Trial Judge.
made by the counsel on both sides and perused the materials available on records carefully.
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P.W.7 have been examined in chief they were cross examined in detail. Though the counsel for the petitioner has not furnished the copy of the deposition before this Court, the learned Government Advocate (Crl.side) had furnished the copy of the deposition regarding P.W.2 to P.W.7. This Court is able to see that detailed cross examination has been done by the petitioner and hence this Court is of the opinion that the present petition for recall has been filed only to protract the Trial. I find no merit in the petition and the same is liable to be dismissed.
12.12.2023
Index : Yes / No Speaking / Non-speaking Neutral Citation : Yes / No mrp
To
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Crl.OP.No.27751 of 2023
Krishnagiri
A.D.JAGADISH CHANDIRA, J.
mrp
Crl.O.P.No.27751 of 2023
12.12.2023
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2 issues framed by the court
Whether the Criminal Original Petition seeking recall of witnesses for further cross-examination is maintainable given the detailed cross-examination already conducted.
Whether the present petition is filed merely to protract the trial proceedings.
Colour shows how this judgement treated each authority
Vinoth Kumar vs State of PunjabReferred¶27
Vinoth Kumar /vs/ State of Punjab (2015(3)SCC 220 · Who else cites this
1 provisions across 1 enactments
R.Rajini
State represented by The Inspector of Police Vigilance and Anti Corruption, Krishnagiri
A.D.JAGADISH CHANDIRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
