This Criminal Original Petition is filed challenging the dismissal of the petition filed in C.M.P.No.582 of 2016 in S.C.No.252 of 2013 to recall certain witnesses for cross-examination, by the learned Sessions Judge, Magalir Neethimandram (Mahila Court), Coimbatore.
2. The learned Sessions Judge of Magalir Neethimandram, Coimbatore, dismissed the petition to recall the witnesses, on the ground that already lot of opportunities have been given to the petitioner and if at all he wanted to cross examine the witnesses, he ought to have filed the petition much earlier soon after the witnesses were examined in chief.
3. The learned counsel for the petitioner submitted that the learned trial Judge had failed to consider the reasons for cross examination of the witnesses. He further submitted that the learned trial Judge had failed to see that all the witnesses were examined between 17.08.2016 and 25.11.2016, within a short period of three months. Stating so, the learned counsel for the petitioner submitted that this Criminal Original Petition has to be allowed.
4. Mr.C.Emalias, learned Additional Public Prosecutor, takes notice for the respondent.
5. Heard the learned counsel on either side.
6. It is seen from the records that all the witnesses have been examined in chief between 17.08.2016 and 25.11.2016. Immediately after the same, the petition for cross-examination was filed. Taking into consideration the facts and circumstances of the case, this Court is of the view that except P.Ws.7, 13 and 14, the rest of the witnesses can be cross-examined, of course with a condition to pay a sum of Rs.10,000/- as cost. Accordingly, the petitioner is directed to pay a sum of Rs.10,000/- (Rupees Ten Thousand Only) as cost to the credit of the District Legal Services Authority, Coimbatore and file a petition before the learned Sessions Judge, Magalir Neethimandaram (Mahila Court), Coimbatore, to recall the witnesses enclosing the receipt for the amount so paid. On such filing of the petition along with the receipt, the learned Sessions Judge, shall consider the same and permit cross examination of P.Ws.1 to 6 on 17.01.2017 and cross examination of P.Ws.8 to 12, 15 and 16 on 18.01.2017. It is made clear that no further adjournments shall be granted and no further applications under Section 311 Cr.PC be entertained by the learned Sessions Judge, Magalir Neethi Mandram (Mahila Court), Coimbatore. The petitioner shall ensure service of summons, for the presence of the above referred witnesses.
R.MAHADEVAN, J.
KM
7. The Criminal Original Petition is disposed of accordingly.
Consequently, the connected miscellaneous petition is closed.
Index : Yes/No 03.01.2017 Internet : Yes/No KM To
1. The Inspector of Police, A.W.P.S. Thudiyalur, Coimbatore.
2. The Sessions Judge, Magalir Neethimandram (Mahila Court), Coimbatore.
3. The Public Prosecutor, Madras High Court, Chennai-600 104.
Crl.O.P.No.26850 of 2016 and Crl.M.P.No.13489 of 2016 http://www.judis.nic.in