IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.01.2017 CORAM:
THE HON'BLE MR.JUSTICE S.BASKARAN Crl.O.P.No.1406 of 2017 N.Vajravel ..Petitioner/Accused Vs State rep. By the Deputy Superintendent of Police Vigilance and Anti-corruption Dharmapuri I/C Krishnagiri ..Respondent/Complainant Crl.O.P., filed under Section 482 of Cr.P.C., seeking to call for the records and set aside the order dated 28.11.2016 passed in Crl.M.P.No.245/2016 in Spl.C.C.No.58 of 2008, on the file of Chief Judicial Magistrate, Krishnagiri.
For Petitioner : Mr.L.Baskaran For respondent: Mr.E.Raja, Addl.Public Prosecutor.
ORDER This Criminal Original Petition is filed seeking to set aside the order dated 28.11.2016 passed in Crl.M.P.No.245/2016 in Spl.C.C.No.58 of 2008, on the file of Chief Judicial Magistrate, Krishnagiri.
2. Crl.M.P.No.245 of 2016 has been filed by the petitioner herein seeking to recall the Prosecution Witness P.W.1, P.W.5 and P.W.6 for further cross examination. The trial court found that the reason stated in the petition to recall the witnesses was not sufficient and only to protract the proceedings, the petition has been filed and accordingly, dismissed the said petition. Aggrieved over the said dismissal of Crl.M.P.No.245 of 2016, this petition has been filed.
3. It is contended by the learned counsel appearing for the petitioner/accused that in order to prove that the accused is innocent, it is necessary to cross examine P.Ws.1, 5 and 6 and prayed this court to allow this petition.
4. Considering the submission made on the side of the petitioner/accused, this petition is allowed and the order passed in Crl.M.P.No.245 of 2016 dated 28.11.2016 is set aside on condition that the petitioner/accused pays a sum of Rs.1,000/- (Rupees One thousand only) to the Legal Services Authority, High Court, Madras within a period of two weeks from today. It is further made clear that the cross examination of recall witnesses shall be made on the date when the witnesses are recalled before the trial court without any default.
5. This petition is ordered accordingly.
30.01.2017 nvsri To The Deputy Superintendent of Police Vigilance and Anti-corruption 2.The Chief Judicial Magistrate, Krishnagiri.
S.BASKARAN,J.
nvsri Crl.O.P.No.1406 of 2017 30.01.2017 http://www.judis.nic.in