Madras High Court

CRL OP(MD)/24088/2016 of MAHENDRAN Vs THE INSPECTOR OF POLICE on 29 December 2016

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BENCH OF MADRAS HIGH COURT DATED : 29.12.2016 CORAM: THE HONOURABLE Mr.JUSTICE R.MAHADEVAN Crl.O.P.(MD)No.24088 of 2016 and Crl.M.P.(MD)No.12733 of 2016 Mahendran ...Petitioner/Accused/Petitioner. Vs. The Inspector of Police, Tallakulam Police Station, Madurai. (CR.NO.39 OF 2015)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 29.12.2016

CORAM:

THE HONOURABLE Mr.JUSTICE R.MAHADEVAN

Mahendran

...Petitioner/Accused/Petitioner.

Vs.

The Inspector of Police, Tallakulam Police Station,Madurai.

(CR.NO.39 OF 2015)...Respondent/Defacto Complainant/Respondent.

PRAYER: Petition is filed under Section 482 of the Code ofCriminal Procedure, to set aside the impugned order passed by thelearned Sessions Judge, Mahaliar Neethimandram, Madurai inCr.M.P.No.1171 of 2016 in Special Case No.4 of 2016 and direct thelearned Sessions Judge, Mahalir Neethimandram, Madurai to recallP.Ws.4 to 12 and permit the petitioner / accused to cross examinethem.

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O R D E R

The petitioner has come forward with the present CriminalOriginal petition to set aside the impugned order passed by thelearned Sessions Judge, Mahaliar Neethimandram, Madurai inCr.M.P.No.1171 of 2016 in S.C.No.4 of 2016 and direct the learnedSessions Judge, Mahalir Neethimandram, Madurai to recall P.Ws.4 to12 and permit the petitioner / accused to cross examine them.

2. Heard the learned counsel for the petitioner and the learnedGovernment Advocate (Crl.side) appearing for the respondent.

3. Since the petitioner was not able to point out the vitaldocuments to be considered before cross examination, the learnedSessions Judge, on that ground, dismissed the application filedunder Section 311 of Cr.P.C. thereby depriving reasonablehttps://hcservices.ecourts.gov.in/hcservices/opportunity to cross examine the witnesses / P.Ws.

4. Considering the facts and circumstances of the case theimpugned order is set aside and the petitioner is permitted toindicate the documents to be considered or perused for havingcross examination with all the necessary particulars by filing anapplication under Section 311 Cr.P.C. afresh. On filing of suchan application, the Court below shall consider the same and passorders on merits and in accordance with law.

5. The Criminal Original petition is disposed of accordingly.Consequently, connected Crl.M.P.is closed.

Sd/Assistant Registrar(T&P)

/True Copy/

Sub Assistant Registrar.

To

1. The Sessions Judge, Mahalir Neethimandram, Madurai.

2. The Inspector of Police, Tallakulam Police Station, Madurai.

+1CC to M/S.M.Saravanan, Advocate, SR.No. 83771

Crl.O.P.(MD)No.24088 of 2016

nbjAM/SS3/SAR-2/02.01.2017/2P/4C (IT)

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