This Criminal Original Petition is filed to call for the records and sets aside the order passed in C.M.P.No.7313 of 2017 in C.C.No.297 of 2009 dated 12.10.2017 on the file of the Judicial Magistrate Court No.1, Kuzhithurai.
2.The petitioner is the second in the criminal proceedings in C.C.No.297 of 2009. On the basis of the complaint lodged by the de-facto complainant, a case was registered originally in Crime No.194 of 2009, against the petitioner and others, for the offences punishable under
Sections 341,294(b),324 and
323 IPC. After filing the charge sheet, the case was taken on file in C.C.No.297 of 2009 by the Judicial Magistrate Court No.1, Kuzhithurai.
3.After the commencement of trial, it appears that PW1 PW10 were examined on different dates. The Petitioner has filed a petition to recall the PW1 and PW2 for cross examination. The said petition was allowed insofar as the PW2 is concerned and was dismissed insofar as PW1 concerned, on the ground that PW1 was examined on 10.10.2010, on the ground that the delay of more than seven years was not fully explained by the petitioners.
4.With regard to the nature of circumstances and the settled position of law that an accused in the criminal case is entitled to a fair opportunity to cross examine the witness, this Court is inclined to allow this petition subject to the terms.
6.As a result, the Criminal Original Petition is allowed and the order passed in C.M.P.No.7313 of 2017 in C.C.No.297 of 2009 dated 12.10.2017 on the file of the Judicial Magistrate Court No.1, Kuzhithurai, is set aside. The order passed in C.M.P.No.7313 of 2017 in C.C.No.297 of 2009 dated 12.10.2017 on the file of the Judicial Magistrate Court No.1, Kuzhithurai, stands allowed subject to the condition that the petitioner should deposit a sum of Rs.5,000/- (Rupees three thousand only) to the credit of Honourable Chief Justice Relief Fund, Madurai Bench of Madras High Court, Madurai and on further condition that the petitioner should cross examine PW1 on the date when PW1 is available, without seeking any further adjournments on any other ground.
To
1.The Judicial Magistrate Court No.1, Kuzhithurai.
2.The Inspector of Police, Kaliyakkavilai Police Station, Kanyakumari District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
.