1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2011 CORAM: THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD) No.9261 of 2011 B.Vadivelan ...Petitioner/Petitioner/Accused Vs. State, rep.by Inspector of Police, Kenikkarai Police Station, Ramanathapuram, Crime No.267/2003 ..Respondent/Respondent/Complainant Prayer: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code praying to call for records pertaining to the order dated 25.8.2010 passed in Criminal Miscellaneous petition in Cr.M.P. NO. 5247 of 2010 in C.C. NO. 112 of 2004 on the file of the learned Judicial Magistrate No.II, Ramanathapuram and to set aside the same and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case. For Petitioner :Mr.R.R.Thamothar Raj For Respondent :Mr.K.V.Rajarajan Government Advocate (Crl.side) ORDER The petitioner approaches this Court with a prayer to call for records pertaining to the order dated 25.8.2010 passed in Criminal Miscellaneous petition in Cr.M.P.No. 5247 of 2010 in C.C. NO. 112 of 2004 on the file of the learned Judicial Magistrate No.II, Ramanathapuram and to set aside the same. 2. The learned counsel for the petitioner would submit that the petitioner is the sole accused and he was facing criminal proceedings in C.C. No. 112 of 2004 under Section 304(A) of IPC and he is entitled to cross examine PWs1 to 8 and chief examination alone has been over and after engaging the counsel, he has come forward with the application under Section 311 of Cr.P.C to recall the witnesses for cross examination. That application has been dismissed against which, he has filed the present petition. 4.Heard the learned Government Advocate(Crl.side). 5.The petitioner, who is the sole accused, was facing criminal proceedings and chief examination of PWs.1 to 8 was over but the petitioner has not cross examined any of the witnesses. In paragraph No.3 of the petition in Cr.M.P.No.5247 of 2010, it is stated that on https://hcservices.ecourts.gov.in/hcservices/ 2 the examination of PW7 and PW8 on 18.8.2010, his counsel was at Madurai Bench of Madras High Court and therefore, the representing counsel made a requisition for cross examining the witnesses. The said requisition was rejected and therefore, the witnesses were not examined and I do not find that the reason is a genuine one and only to meet the ends of justice and to give a fair opportunity to prove his innocence, I am inclined to allow this application with a direction directing the petitioner shall cross examine the witnesses within a period of one month from the date of receipt of copy of this order. 6.Hence, the Criminal Original Petition is allowed and the order passed in Criminal M.P.No. 5247 of 2010 is set aside and the prosecution is directed to produce the witnesses on the date as fixed by the Court and the trial court is directed to dispose off the case within a period of two months thereafter. Consequently, connected M.P. is closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1. The Judicial Magistrate No.II, Ramanathapuram 2.Inspector of Police,Kenikkarai Police Station, Ramanathapuram, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.R.R.Thamothar Raj, Advocate, Sr.No.24848 Crl.O.P.(MD)No.9261 of 2011 26.07.2011 ses SMA/05.8.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/