V.Loganathan v. P.Edwin
Case brief
What is this about?
The petitioner challenged an appellate court order rejecting an application to recall a witness for cross-examination. The High Court set aside the order, directing numbering and consideration of the application on merits under Section 391(2) of Cr.P.C.
What did the court decide?
Order dated 21.08.2024 set aside; petitioner directed to file fresh petition; appellate court directed to number and decide on merits.
What the court decided
Crl.O.P.No. 23030 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.23030 of 2024 and Crl.M.P.No.13105 of 2024 V.Loganathan ... Petitioner Vs. P.Edwin ... Respondent
PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to call for the entire records relating to the order dated 21.08.2024 passed by the learned III Additional Judge, City Civil Court in Crl.M.P.Sr.No.24833 of 2024 in Crl.A.No.306 of 2024 and set aside the same and consequently allow the said Crl.M.P.Sr.No.24833 of 2024 in Crl.A.No.306 of 2024.
For Petitioner : Mr.V.Krishnamoorthy For Respondent : Mr.G.Palani
O R D E R
This Criminal Original Petition has been filed challenging the
order passed in Crl.M.P.Sr.No.24833 of 2024 in Crl.A.No.306 of 2024
Issues for consideration
2 issues framed by the court
Whether the order rejecting the application to recall PW1 for further cross-examination was maintainable?
Whether the appellate court's rejection of the application due to lack of numbering was legally sustainable?
Parties & counsel
- petitioner
V.Loganathan
- respondent
P.Edwin
Coram
G.K.ILANTHIRAIYAN
Case details
As recorded by the court registry
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