The petitioner's petition before the Chief Judicial Magistrate, Tiruppur filed under Section 311 of Cr.PC in C.M.P.No.356 of 2017 in C.C.No.35 of 2016, for cross-examination of P.W.2, was dismissed on 05.05.2017. Challenging the same, the present Criminal Original Petition is filed.
2. Mr.C.Emalias, learned Additional Public Prosecutor, takes notice for the respondent.
3. The reason adduced by the Chief Judicial Magistrate, Tiruppur for dismissing the petition is that P.W.2 was examined in chief on 27.06.2016 and 18.07.2016, but on those days, he was not cross- examined by the accused. On 07.09.2016 a petition under Section 311 of Cr.PC was filed to recall P.W.2 which was taken on file in C.M.P.No.846 of 2016 and the same was allowed. Even then, P.W.2 was not cross examined. In the circumstances, the Trial Court held that no further cross-examination is permissible under law. This Court is not inclined to interfere with the said order, since the claim of the petitioner was genuinely considered by the Court below, by allowing the petition filed by the petitioner on 07.09.2016 to cross examine P.W.2, but the petitioner even missed that opportunity.
4. In the result, the Criminal Original Petition is dismissed.
Consequently, the connected miscellaneous petition is closed.
Index : Yes/No 20.06.2017 Internet : Yes/No KM To
1. The Inspector of Police, Palladam Police Station, Tiruppur.
2. The Chief Judicial Magistrate, Tiruppur.
3. The Public Prosecutor, Madras High Court, Chennai-600 104.
R.MAHADEVAN, J.
KM Crl.O.P.No.11542 of 2017 and Crl.M.P.No.7575 of 2017 20.06.2017 http://www.judis.nic.in