The petitioner filed a petition under Section 311 of Cr.PC before the Trial Court in Crl.M.P.No.104 of 2017 in C.C.No.138 of 2015 to recall the witnesses, viz. P.Ws.1 and 2 for cross examination, stating that they are the eye-witnesses to the occurrence and that they are close relatives of the deceased. The said petition was dismissed on 07.04.2017 on the ground that the petitioner had waited for a year to file the same and it is nothing but to protract the proceedings. Challenging the said order, the present Criminal Original Petition has been filed.
2. The learned counsel for the petitioner submits that the petitioner has assigned valid reasons for recalling the said witnesses for cross examination and hence it is just and necessary to quash the order of the Trial Court, dismissing the Section 311 Cr.PC petition filed by the petitioner.
3. Mr.C.Emalias, learned Additional Public Prosecutor, takes notice for the respondent.
4. Considering the facts and circumstances of the case, the impugned order dated 07.04.2017 is quashed and the petitioner is permitted to cross examine P.Ws.1 and 2 on 14.07.2017 before the Trial Court. It is made clear that the permission to cross-examine the above witnesses has been granted on condition that the petitioner has to pay a sum of Rs.2,000/- (Rupees Two Thousand only), as cost, to the District Legal Services Authority, Cuddalore, within a period of one week from the date of receipt of a copy of this order. It is made clear that no further adjournments or no petition under Section 311 Cr.PC be entertained by the Trial Court.
5. The Criminal Original Petition is disposed of accordingly.
Consequently, the connected miscellaneous petition is closed.
Index : Yes/No 23.06.2017 Internet : Yes/No KM Note to the Registry: Issue order copy on 28.06.2017. To
1. The Inspector of Police, Nellikuppam Police Station, Nellikuppam, Cuddalore District.
2. The Judicial Magistrate No.1, Cuddalore.
3. The Public Prosecutor, Madras High Court, Chennai-600 104.
R.MAHADEVAN, J.
KM Crl.O.P.No.11842 of 2017 and Crl.M.P.No.7766 of 2017 23.06.2017 http://www.judis.nic.in