This petition has been filed under Section 482 of Cr.P.C, to call for the records and set aside the order passed in Cr.M.P.No.418 of 2012 in S.S.C.No.10/2011, dated 20.06.2012, on the file of the learned Second Additional District and Sessions Judge (PCR Court), Thanjavur.
2.The learned counsel for the petitioner would submit that the first respondent/accused filed a petition under
Section 311 of Cr.P.C before the Lower Court to recall the prosecution witnesses viz., PW1 and PW6 due to oversight some important questions on the unnatural conduct of the witness P.W.1 Baskaran and P.W.6 Arunkumar, which would impeach the credit of that witness, were omitted in the cross-examination and accordingly, the further cross-examination of P.W.1 and P.W.6 is necessary for disposal of the case. After hearing, the learned Magistrate allowed the petition on payment of cost of Rs.500/- for each P.W.1 and P.W.6. Against which, the present criminal original petition is filed, after lapse of five years.
3.The learned counsel for the respondents 1 to 9 would submit that the petitioner filed this petition in order to drag on the proceeding stating that there is no genuine reason for cross-examination. The Lower Court after elaborate discussion, allowed the petition in order to give opportunity to the accused to prove his bonafide, therefore, the valuable right given under
Section 311 of Cr.P.C was complied with by the Lower Court.
4.Considering the facts and circumstances, I am inclined to direct the Lower Court to fix the date of recalling the cross-examination of PW1 and PW6, within a period of two weeks from the date of receipt of a copy of this order. Thereafter, the trial shall be completed within a period of six months.
5.With the above direction, this criminal original petition is dismissed. Consequently, connected miscellaneous petitions are closed.
To
1.The learned Second Additional District and Sessions Judge (PCR Court), Thanjavur.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
3.The Deputy Superintendent of Police Thiruvarur Sub Division, Thiruvarur.
(Crime No.91/2008)
4.The Inspector of police, Thiruvarur.
.