The petition filed by the petitioner under Section 311 of Cr.PC in C.M.P.No.1710 of 2017 in STC No.252 of 2016 for cross-examination of a witness, came to be dismissed by the Trial Court on 11.05.2017 with the following observation:
“The reasons set forth in the petition that to elicit answers from PW1 is not satisfactory. Already PW1 was cross examined fully and the reasons set forth the elicity (Sic) answers from PW1 regarding antecedent and character is not acceptable, though 311 Cr.PC gives discretionary power to the Magistrate, the petition shows the clear intention of the petitioner / accused to prolong proceedings.”
2. According to the learned counsel for the petitioner though the petition filed under Section 311 of Cr.PC is not properly worded, still there are some materials available to agitate before the Trial Court. Therefore, the learned counsel for the petitioner seeks to set aside the impugned order and to permit the petitioner to cross-examine P.W.1.
3. On the other hand, the learned counsel for the respondent / complainant submitted that it is nothing but an act to prolong the issue. There is no material placed before the Trial Court so as to entertain application under Section 311 of Cr.PC.
4. Considering the facts and circumstances of the case, this Court passes the following order:
(a) The order passed by the learned Judicial Magistrate, Fast Track Court (Magisterial Level), Ambattur, is set aside on condition that the petitioner pays a sum of Rs.3,000/- (Rupees Three Thousand Only) on 29.06.2017 before 5.00 p.m., as cost to the credit of S.T.C.No.252 of 2016 on the file of the Judicial Magistrate, Fast Track Court (Magisterial Level), Ambattur.
(b) On such payment being made, the same shall be transferred to the Tamil Nadu State Legal Services Authority, High Court Campus, Chennai.
(c) On filing proof for payment of the said sum before the Trial Court, the petitioner is permitted to cross examine P.W.1 alone on 30.06.2017.
(d) It is made clear that the Trial Court shall not entertain any petition under Section 311 Cr.PC by the petitioner and shall not grant any further adjournments, as far as the petition for cross-examination is concerned.
5. The Criminal Original Petition is disposed of accordingly.
Consequently, the connected miscellaneous petition is closed.
Index : Yes/No 27.06.2017 Internet : Yes/No KM R.MAHADEVAN, J.
KM Note to the Registry: Issue order copy today (27.06.2017). To
1. The Judicial Magistrate, Fast Track Court (Magisterial Level), Ambattur, Chennai.
2. The Public Prosecutor, Madras High Court, Chennai-600 104.
Crl.O.P.No.10080 of 2017 and Crl.M.P.No.6673 of 2017 27.06.2017 http://www.judis.nic.in