IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 31.01.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.1813 of 2017 and Crl.M.P.No.1304 of 2017 M.Santhoshkumar4 ... Petitioner Vs The State, rep by The Inspector of Police, Perundurai Police Station, Erode District. ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to set aside the order dated 19.12.2016 made in C.M.P.No.112 of 2016 in S.C.No.126 of 2015 on the file of the learned Assistant Sessions Court / Sub Court, Perundurai and set aside the same by allowing this criminal original petition.
For Petitioner : Mr.N.Manokaran For respondent : Mr.C.Emalias, Addl. Public Prosecutor ORDER The present criminal original petition has been filed to set aside the order dated 19.12.2016 made in C.M.P.No.112 of 2016 in S.C.No.126 of 2015 on the file of the learned Assistant Sessions Court / Sub Court, Perundurai.
2. It is the case of the petitioner that he is facing trial before the learned Assistant Sessions Judge, Perudurai, in S.C.No.126 of 2015 for the alleged offence punishable under Sections 120 B, 460 and 394 read with 397 I.P.C. After the examination of the prosecution witnesses, the petitioner filed a petition in C.M.P.No.112 of 2016 under Section 311 Cr.P.C. seeking to re-call P.W.14 for further cross examination and the same was dismissed by the learned Assistant Sessions Judge, Perudurai. Challenging the said order of dismissal, the petitioner has come up with the present petition.
3. Learned counsel appearing for the petitioner submitted that on the date when the case was posted for cross examination of P.W.14, the petitioner's counsel engaged at Additional Sessions Court at Bhavani and hence, some important questions were not asked to P.W.14. However, without considering the same, the learned Assistant Sessions Judge, Perudurai, dismissed the said petition.
4. I have also heard the learned Additional Public Prosecutor and perused the entire materials available on record.
5. In the impugned order, it has been observed by the learned Assistant Sessions Judge, Perudurai, that all the questions regarding jewels were already asked and answered by P.W.14. The said pre-determined observation cannot be accepted. Hence, this Court is inclined to permit the petitioner to cross examine P.W.14.
6. Accordingly, the order of the learned Assistant Sessions Judge, Perudurai, dated 19.12.2016 made in C.M.P.No.112 of 2016 in S.C.No.126 of 2015 is set aside and the criminal original petition is allowed. The learned Assistant Sessions Judge, Perudurai, is directed to permit the petitioner to cross examine P.W.14 on 13.2.2017, on which date, the cross examination of P.W.14 shall be over and the further proceedings shall be concluded. Consequently, connected miscellaneous petition is closed.
31.01.2017 Index:Yes/No sbi Note: Issue order copy on 2.2.2017.
R.MAHADEVAN, J sbi To
1. The Assistant Sessions Judge, Perundurai
2. The Inspector of Police, Perundurai Police Station, Erode District.
3. The Public Prosecutor, High Court, Madras.
Crl.O.P.No.1813 of 2017 DATED: 31.1.2017