This petition has been filed by the petitioner challenging the order dated 05.06.2012 passed by the Judicial Magistrate No.IV, Tiruchirappalli dismissing the recall petition filed under Section 311 Cr.P.C, by the petitioner.
2.The learned counsel for the petitioner would submit that since the petitioner's important questions were omitted during the cross-examination of P.W.1., the petitioner filed the recall petition under
Section 311 of Cr.P.C before the Lower Court. However, relying on the Honourable Apex Court's Judgment, the learned Judicial Magistrate dismissed the said recall petition.
3.Considering the limited request made by the learned counsel for the petitioner, it is appropriate to fix the date for cross-examination and on the date of cross-examination, the complainant will be present. The learned counsel appearing for the respondent also agreed to produce P.W.1 before the concerned Court on the date of cross-examination.
4.In view of the above, the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. The learned Judicial Magistrate No.IV, Tiruchirappalli, is directed to fix the date for cross examination of P.W.1, as 07.12.2017. The complainant is directed to appear before the learned Judicial Magistrate No.IV, Tiruchirappalli on 07.12.2017. The petitioner/accused is directed to complete the cross examination within time.
To
1.The learned Judicial Magistrate No.IV, Tiruchirappalli.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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