1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 24.08.2011 Coram: THE HONOURABLE MR. JUSTICE S.PALANIVELU Crl.O.P.(MD).No.11103 of 2011 Attralasu .. Petitioner vs. State by The Sub-Inspector of Police, Town Police Station, Aruppukkottai, Virudhunagar District, (In Crime No.1017 of 2010) .. Respondent Criminal Original Petition filed under Section 482 of Criminal Procedure Code to call for the records pertaining to the order dated 20.05.2011 made in Crl.M.P.No.455 of 2011 in S.T.C.No.2243 of 2010 on the file of the learned Judicial Magistrate, Aruppukkottai and set aside the same and to permit the petitioner and other accused to cross examine the witnesses Nos.1 to 7. For Petitioner : M/s.K.Jeganathan For Respondent : Mr.P.Kandasamy Government Advocate O R D E R This Criminal Original Petition is preferred to call for the records pertaining to the order dated 20.05.2011 made in Crl.M.P.No.455 of 2011 in S.T.C.No.2243 of 2010 on the file of the learned Judicial Magistrate, Aruppukkottai and set aside the same and to permit the petitioner and other accused to cross examine the witnesses Nos.1 to 7. 2. Heard both sides. 3. The petitioner filed a petition under Section 311 Cr.p.C. before the Court below for recalling the witnesses P.Ws.1 to 7 on the ground that on the date of chief examination, the learned Senior Advocate was not present and necessary records were also not in the hands of the accused and hence, they may be recalled. The Court below dismissed the petition by observing that the reason is not sufficient and despite granting sufficient time, the accused have not chosen to cross examine the witnesses and this petition has been filed only to protract the proceedings. 4. The learned counsel for the petitioner would place reliance upon a decision reported in (2010) 2 MLJ (Crl) 851,(S.Ramaiah v. Anjenayan), and submit that one more chance may be accorded to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2 5. This Court is of the view that there is no wrong in granting one more opportunity to the accused to recall the witnesses and cross-examine them. In such view of this matter, the criminal original petition has to be allowed. In the result, the Criminal Original Petition is allowed. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar(CS) To 1. The Judicial Magistrate, Aruppukkottai. 2. The Sub Inspector of Police, Town Police Station, Aruppukkottai, Virudhunagar District 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Srm GH : 08.09.2011 : 2p/4c Crl.O.P.(MD).No.11103 of 2011 24.08.2011 https://hcservices.ecourts.gov.in/hcservices/