1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.06.2011 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Crl.R.C.(MD)No.300 of 2011 R.Raja ... Petitioner Vs. State represented through the Sub-Inspector of Police, Manapparai Police Station in Crime No.227 of 2009. ... Respondent Prayer: Criminal Revision Case filed under Section 397 r/w. 401 of Cr.P.C. against the order passed by the learned Judicial Magistrate, Manapparai in Crl.M.P.No.948 of 2011 in C.C.No.152 of 2009 dated 01.03.2011 and set aside the order in Crl.MP.NO.948 of 2011 in C.C.No.152 of 2009 dated 1.3.2011. For Petitioner : M/s. C.M.Arumugam For Respondent : Mr.P.Kandasamy, Govt. Advocate (Crl.side) O R D E R The revision petitioner is arrayed as accused in Crime No.227 of 2009 registered by the respondent for the alleged commission of the offences under Sections 457 and 380 of I.P.C. 2. The trial of the case has been commenced and the prosecution examined P.Ws.1 to 8 in chief and on behalf of the revision petitioner/accused, no cross-examination was conducted. The revision petitioner/accused in order to sustain his defence, filed Crl.M.P.No.948 of 2011 under Section 311 of Cr.P.C. to recall the above said witnesses for the purpose of cross-examination. 3. The Court of Judicial Magistrate, Manapparai vide order dated 01.03.2011 has allowed the said petition subject to the condition that the revision petitioner/accused shall pay batta for issuing summons to the above said witnesses within three days from the date of the order and further condition that he shall deposit a sum of Rs.300/- to the credit of Legal Services Authority and also produce the receipt for deposit of the said sum. It was further ordered by the trial Court that in the event of non-compliance of the above said conditions, the petition would stand dismissed automatically. The revision petitioner challenging the vires of the said order has preferred this revision. 4. The learned counsel appearing for the revision petitioner on instructions would submit that the revision petitioner is not challenging the vires of the said order, but it is sufficient that some more time is granted to the revision petitioner to comply with the condition imposed by the lower Court in its order dated 01.03.2011. 5. On the said submission, the Court heard the submission of the learned Government Advocate (Crl.side) also. https://hcservices.ecourts.gov.in/hcservices/ 2 6. This Court taking into consideration the above said submissions, is disposing of the revision by passing the following order: (i) The revision petitioner/accused shall pay batta charges for summoning P.Ws.1 to 8 for the purpose of cross-examination within one week from the date of receipt of a copy of this order before the Court of Judicial Magistrate, Manapparai. (ii) The revision petitioner/accused shall also remit a sum of Rs.500/- (Rupees Five Hundred only) to the credit of local Legal Services Authority within the above said period and also produce the receipt before the lower Court for evidencing such payment. Any failure on the part of the revision petitioner/accused to comply with anyone of the above said conditions within the stipulated period would result in dismissal of this petition automatically and thereby confirming the impugned order passed by the lower Court. SD/- Deputy Registrar(LA) /True copy/ Assistant Registrar To 1. The Judicial Magistrate, Manapparai. 2. The Sub-Inspector of Police, Manapparai Police Station, Trichy District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. + 1 CC to Mr.C.M.Arumugam, Advocate, SR.No.17347 akv Crl.R.C.(MD)No.300 of 2011 07.06.2011 TR : 10.06.2011 : 2p/5c https://hcservices.ecourts.gov.in/hcservices/