IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.06.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.11263 of 2017 and Crl.MP No.7407 of 2017 A.Prameela Devi ... Petitioner Vs T.Kuppusamy ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to set aside the order dated 05.04.2016 passed in Crl.MP.No.114 of 2016 in CC No.4193 of 2010 on the file of the learned II Metropolitan Magistrate, Egmore, Chennai.
For Petitioner : Mr.M.K.Parandhaman ORDER This Criminal Original Petition has been filed to set aside the order dated 05.04.2016 passed by the learned II Metropolitan Magistrate, Egmore, Chennai in Crl.MP.No.114 of 2016 in CC No.4193 of 2010.
2. Heard the learned counsel appearing for the petitioner and perused the materials placed before this Court.
3. On a perusal of the order impugned herein, it is seen that the petitioner is facing trial for the alleged offences punishable under Sections 177, 199, 200, 416, 442, 463, 477 and 420 IPC in CC No.4193 of 2010 on the file of the II Metropolitan Magistrate, Egmore, Chennai. After issuance of summons, P.W.1 was examined on 03.03.2011. After several hearings, the prosecution evidence was closed on 01.01.2013 and the case stood adjourned for the defence side witness. While so, on 05.02.2013, the petitioner filed a petition under Section 311 Cr.P.C seeking permission to recall P.W.1 for the purpose of cross examination, which was allowed. Pursuant to the same, P.W.1 was examined and the case was posted for defence side witness on 09.05.2014. After several adjournments, D.W.1 was examined and was cross examined on 09.07.2015 and the case stood adjourned for arguments. Thereafter, written argument was filed by both the parties. In such circumstances, the petitioner again filed a Section 311 Cr.P.C petition in CMP.No.114/2016 to recall P.W.1 and P.W.2 for the purpose of cross examination, that too, without adducing any reason. However, by the impugned order, the learned Magistrate dismissed the said petition, observing as follows:
“S.311 reads thus......... Any court may, at any stage of any inquiry.......... it to be essential to the just decision of the case.
The reason stated is “just to examine the witness”. No specific reason is mentioned.
Already the petitioner had been given several opportunity. Again and again this type of petitions are allowed, there cannot be any end for justice.”
1. In the considered opinion of this Court, such petition without adducing proper reason, cannot be entertained by the trial Court. Accordingly, the learned Magistrate has rightly dismissed the Section 311 Cr.P.C petition filed by the petitioner. That apart, taking note of the fact that the proceedings is pending from the year 2010, the learned Magistrate has dismissed the petition, in the light of the observation of the Hon'ble Supreme Court reported in (2015) 3 SCC 220 (Vinoth Kumar v. State of Punjab), as the petitioner has filed the said petition only to drag on the proceedings, which, in my view, is perfectly correct and in accordance with law. Hence, this Court is not inclined interfere with the order dated 05.04.2016 passed by the learned II Metropolitan Magistrate, Egmore, Chennai in Crl.MP. No.114 of 2016 in CC No.4193 of 2010.
R.MAHADEVAN, J.
rk 5. In the result, the Criminal Original Petition is dismissed.
Consequently, connected Miscellaneous Petition is closed.
23.06.2017 rk To The II Metropolitan Magistrate, Egmore, Chennai.
Crl.O.P.No.11263 of 2017