The petitioner has filed the present petition to set aside the order dated 11.04.2017 passed by the Judicial Magistrate, Kotagiri in CMP No.696 of 2017 in CC No.21 of 2012.
2. The learned counsel for the petitioner submitted that as directed by the learned Judicial Magistrate, Kotagiri, by Order dated 22.03.2017, the cost imposed, could have been remitted on or before 10.04.2017. But, inadvertently, the petitioner made such deposit on 11.04.2017. For this reason, it was not accepted and the petition was dismissed by the learned Judicial Magistrate.
R.MAHADEVAN, J., sr
3. Heard Mr.C. Emalias, learned Additional Public Prosecutor.
4. Since this Court is convinced with the reasons for the delay, is also inclined to set aside the order dated 11.04.2017. Accordingly, the order passed by the Judicial Magistrate, Kotagiri in CMP No.696 of 2017 is set aside and the petitioner is permitted to remit the cost amount on or before 21.06.2017. The petitioner is permitted to cross examine the witnesses, on 22.06.2017 and 23.06.2017 and the cross examination is to be completed within the time limit. It is made clear that there shall be no further adjournments, by entertaining a petition under Sec.311 of Criminal Procedure Code. With the above direction, the Criminal Original Petition is disposed of.
14-06-2017 Index : Yes/No Internet : Yes/No sr Note: Issue Order copy on 19.06.2017 To
1. The Sub-Inspector of Police, Kotagiri The Nilgiris
2. The Public Prosecutor, High Court, Chennai-600 104.
Crl.O.P.No.11077 of 2017 http://www.judis.nic.in