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Palanikumar vs The State on 27 September, 2018

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.09.2018
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
Crl.O.P.(MD).No.16150 of 2017
and
Crl.M.P.(MD)No.10694 of 2017
1.Palanikumar
2.Ranjitham
3.Rajalekshmi …Petitioners/Petitioners/Accused 1 to 3
Vs.
The State
Represented by Inspector of Police,
All Women Police Station,
Srivilliputhur. …Respondent/Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to
call for the records in Crl.M.P.No.6440 of 2017 in C.C.No.22 of 2011 on the
file of the Judicial Magistrate No.II, Srivilliputhur and quash the same and
permit the petitioners to cross examine the witnesses PW1 to PW6.

For Petitioners :Mr.S.C.Herold Singh

For Respondent :Mr.K.Suyambulinga Bharathi
Government Advocate (Crl.Side)

:Order

This Criminal Original Petition has been filed aggrieved by the
dismissal of the application filed by the petitioners’ under Section 311 of
Cr.P.C., to recall P.W.1 to P.W.6 and to cross-examine them.

2.The Court below while considering the application has taken into
account the conduct of the petitioners in filing the petition after nerely 4
+ years after P.W.1 to P.W.6 were examined in chief by the prosecution. The
Court below has also relied upon the judgment of the Hon’ble Supreme Court,
wherein the Hon’ble Supreme Court had directed the trial in all criminal
cases to be conducted on a day to day basis. This Court does not find any
illegality or infirmity in the order passed by the Court below.

3.It is seen from records that the petitioners are facing trial for the
offence under Sections 294(b), 498A, 406 and 109 I.P.C and Section 4 of the
Dowry Prohibition Act.

4.This Court deems it fit to give one last opportunity to the
petitioners, taking into consideration the fact that the petitioners will
loose the valuable opportunity to defend themselves in this case. However,
this Court is going to impose exemplary cost in order to ensure that the
witnesses are duly compensated for making them come again to Court in order
to give evidence.

5.The Court below shall fix the date for the appearance of
the witness namely P.W.1 to P.W.6. Before putting them in the witness
box, they shall be furnished with the depositions, so that the witnesses
can refresh their memory and only thereafter they can be cross examined. On
the day when the witnesses appears, if the petitioners fail to cross examine
them, the petitioners will forfeit their right to recall the witnesses
again. The petitioners shall pay a cost of Rs.5000/- (Rupees Five Thousand
only) to each of the witnesses when they come for giving evidence. The Court
below is directed to complete the entire proceedings in C.C.No.22 of 2011
within a period of two months from the date of receipt of a copy of this
order.

6.In view of the above, the order passed by the learned Judicial
Magistrate No.II, Srivilliputhur in Crl.M.P.No.6440 of 2017 in C.C.No.22 of
2011 is hereby quashed and this Criminal Original Petition is allowed with
the above directions. Consequently, connected Miscellaneous Petition is
closed.

To

1.The Judicial Magistrate No.II,
Srivilliputhur.

2.The Inspector of Police,
All Women Police Station,
Srivilliputhur

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

.

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