This court granted recall of witness PW-62 for cross-examination as he remained unexamine d, while dismissing the request to recall witness PW-9 who had already been cross-examined. The order summons PW-62 for same-day cross-examination.
Recall of witness PW-62 granted for same-day cross-examination; recall of witness PW-9 dismissed.
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.No.8047 of 2023 and Crl.M.P.No.5106 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Orders reserved on Orders pronounced on 19.04.2023 .04.2023
CORAM
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.8047 of 2023 and Crl.M.P.No.5106 of 2023
Mr.Rajesh Das, I.P.S.
... Petitioner
Vs.
State, rep. by Superintendent of Police-II Crime Branch CID Pantheon Road Egmore Chennai-600008. ... Respondent
This Criminal Original Petition is filed under Section 482 Cr.P.C. to set aside the impugned order dated 23.03.2023 passed by the learned Chief Judicial Magistrate, Villupuram in Crl.M.P.No.1961 of 2023 in C.C. No.231 of 2021 and consequently, direct to allow the petition to recall the witnesses PW-9 Mr.Vithun Kumar (LW-10) and PW-62 Mr.Sundarrajan (LW-111), filed by the petitioner under section 311 of
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and Crl.M.P.No.5106 of 2023
Cr.P.C. in C.C. No.231 of 2021 on the file of the learned Chief Judicial Magistrate, Villupuram.
For Petitioner : Mr.Abdul Saleem Senior Counsel for M/s.M.Vijayamehanath For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)
ORDER
This petition is filed for setting aside the impugned order dated
23.03.2023 passed by the learned Chief Judicial Magistrate, Villupuram in Crl.M.P.No.1961 of 2023 in C.C.No.231 of 2021 and consequently, directing to allow the petition to recall the witnesses PW-9 Mr.Vithun Kumar (LW-10) and PW-62 Mr.Sundarrajan (LW-111).
was filed under Section 311 Cr.P.C. in Crl.M.P.No.1961 of 2023 for recalling PW.9 and PW.62. The reason for filing this petition is that
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some records in relation to these witnesses could not be verified when
they were examined in chief. Unless these witnesses are permitted to be
cross examined by petitioner, petitioner would be seriously prejudiced. However, learned Chief Judicial Magistrate dismissed the petition, requiring filing of this petition.
opposes this petition on the ground that PW.9 was already cross examined. Petitioner is dragging the case by filing petitions for recalling the witnesses one after other in piece meal and this petition is filed after a lapse of nine months.
of this Court. It is seen from their evidence that PW.9 was examined in
chief on 17.06.2022 and was not cross examined by the accused on that
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day. Subsequently, PW.9 was cross examined on 21.06.2022 by petitioner. The settled proposition of law is that chief examination and cross examination should be completed on the same day. It appears that PW.62 is not cross examined in this case so far. This Court is of the view that cross examination of witness is absolutely necessary in a criminal case for taking a right decision. In this view of the matter, this Court sets aside the order dated 23.03.2023 passed by learned Chief Judicial Magistrate, Villupuram in Crl.M.P.No.1961 of 2023 in C.C.No.231 of 2021 and modifies to the effect that the prayer in respect of recall of PW.62 is allowed. At the same time, since PW.9 was already cross examined by petitioner, this Court is not inclined to permit PW.9 to be again recalled for the purpose of further cross examination. The dismissal of recalling PW.9 is confirmed.
Crl.O.P.No.8047 of 2023 and Crl.M.P.No.5106 of 2023
directed to summon PW.62, on payment of costs of Rs.1,000/- to the
witness, through the Court. PW.62 should be cross examined on the same day when he appears before the Court for giving evidence.
Consequently, connected Miscellaneous Petition is closed.
.04.2023
mra
(2/2)
Index :Yes/No Internet:Yes Speaking Order/Non-speaking Order
To
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G.CHANDRASEKHARAN,J.
mra
Pre-delivery order in Crl.O.P.No.8047 of 2023 and Crl.M.P.No.5106 of 2023
(2/2)
.04.2023
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2 issues framed by the court
Whether to permit recall of witnesses PW-9 and PW-62 who were not fully examined in the lower court.
Whether cross-examination of witnesses PW-9 and PW-62 is mandatory to secure a fair trial.
Rajesh Das, I.P.S.
State, rep. by Superintendent of Police-II
G.ChandrASEKHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
