1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2011 CORAM: THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD) No.8915 of 2011 and M.P.(MD) No.1 of 2011 Kadar Meera .. Petitioner Vs. State Rep. by Sub-Inspector of Police, Thuvaran Kurchi Police Station, Trichy District. (Crime No.83 of 2009) .. Respondent Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records pertaining to impugned order dated 04.07.2011 made in Crl.M.P.No.6694 of 2011 in C.C.No.105 of 2010 on the file of the Judicial Magistrate, Manapparai and set aside the same. For Petitioner : Mr.A.Shajahan For Respondent : Mr.K.V.Rajarajan Government Advocate (Crl.side) O R D E R Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side). 2. The petitioner has come forward with the present petition, challenging the order of the Judicial Magistrate, Manaparai, dated 04.07.2011, made in Crl.M.P.No.6694 of 2011 in C.C.No.105 of 2010, wherein the petitioner prayed for cross-examining P.Ws.2 to 6 and recalling P.W.1 for further cross-examination and the same was dismissed. 3. The learned counsel for the petitioner submitted that there was misunderstanding between the Presiding Officer and the counsel for the petitioner on record before the Court below and hence, the petitioner was unable to cross-examine the witnesses and now, the petitioner has engaged a new counsel and then only the petitioner has come forward with the present petition to prove his innocence and hence, the order of the Court below is liable to be set aside. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Materials on record shows that the petitioner along with six other accused are facing trial for the offence under Sections 147, 342, 353, 506(i) read with 109 I.P.C. and the trial Court has dismissed the petition filed by the petitioner to cross-examine P.Ws.2 to 6 and further cross-examine P.W.1 was rejected on the ground that P.W.1 was already cross-examined and the accused did not show any interest to cross examine P.Ws.2 to 6. 5. Even though the Court below has observed that the petitioner and other accused did not show any interest to cross examine the witness, as per the dicta laid down by the Hon'ble Supreme Court, the accused must be given fair opportunity to defend himself to prove his innocence. Hence, considering the facts and circumstances of the case, this Court is of the view that this is a fit case to allow this petition and to set aside the order of the trial Court. 6. Accordingly, this Criminal Original Petition is allowed and the order of the Judicial Magistrate, Manaparai made in Crl.M.P.No.6694 of 2011 in C.C.No.105 of 2010 dated 04.07.2011 is set aside and the same is allowed with the condition that the petitioner and other accused shall cross-examine the witnesses within one month from the date of receipt of a copy of this order and the Court of Judicial Magistrate, Manaparai shall dispose of the case in C.C.No.105 of 2010 within two month from the date of receipt of a copy of this order. Consequently, connected M.P.(MD) No.1 of 2011 is closed. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate, Manapparai. 2.The Sub-Inspector of Police, Thuvaran Kurchi Police Station, Trichy District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD)No.8915 of 2011 19.07.2011 sj NSV/28.07.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/