This Criminal Original Petition has been filed to call for the records relating to the proceedings of the Charge Sheet in Common Order Crl.M.P.No.1009 of 2017 and Crl.M.P.No.1010 of 2017 in C.C.No.197 of 2013 dated 05.04.2017 pending on the file of Judicial Magistrte No.I, Mettur, Salem District.
2. Citing the health reasons of the learned counsel for the petitioner, a recall petition under Sec.311 of the Criminal Procedure Code came to be filed for cross examination of P.Ws.1 to 8 and the same was dismissed for the reason that the cross examination was not conducted on the same day.
3. The learned counsel for the petitioner submitted that it was nothing but only the health reasons was cited before the lower Court for not conducting cross examination by the counsel on record.
4. The learned Additional Public Prosecutor, on the other hand, has no serious objection in setting aside the common order.
5. Considering the facts and circumstances of the case, to give one more opportunity to the petitioner, the petitioner may be permitted to cross examine the witnesses. Accordingly, the impugned order dated 05.04.2017 in Crl.M.P.Nos.1009 of 2017 and 1010 of 2017 is set aside and the petitioner is permitted to cross examine the witnesses on 22.06.2017 and 23.06.2017 without seeking any further adjournments and necessary steps should be taken for serving notice to the witnesses. With the above direction, the petition is ordered. Consequently, connected Crl.M.P is ordered.
07-06-2017 Index : Yes/No Internet : Yes/No sr To
1. The Inspector of Police, Mettur Police Station, Mettur, Salem District
2. The Public Prosecutor Madras High Court, Chennai-600 104.
R. MAHADEVAN,J., sr Crl.O.P.No.10578 of 2017 07-06-2017 http://www.judis.nic.in