BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2011 CORAM: THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.13093 of 2011 and M.P.(MD)No.1 of 2011 1.Sankaran 2.Murugesh @ Ice Murugesan, 3.Kuruvammal 4.Mani @ Balasubramanian :Petitioners(Accused 1 to 4) -Vs- State Rep.by The Inspector of Police, All Women Police Station, (Ayakudi Police Station), Tenkasi, Tirunelveli District. :Respondent(Complainant) PRAYER:The Civil Original Petition is filed under Section 482 Cr.P.C., to call for the records in Crl.M.P.No.7769 of 2011 dated 24.08.2011 in C.C.No.39 of 2007 on the file of the learned Judicial Magistrate, Shencottai set aside the same. For Petitioners : Mr.N.Mohideen Basha For Respondents : Mr.K.V.Rajendran,G.A. ORDER The petitioner being the accused in C.C.No.39 of 2007 pending on the file of the learned Judicial Magistrate, Shencottai, filed an application under Section 311 Cr.P.C. to recall P.Ws.1 and 2. The said application has been dismissed. Hence, the present petition is filed. 2.It is seen from the records and as submitted by the learned counsel for the petitioner, the application has been filed to recall P.Ws.1 and 2 in order to substantiate the fact that the matter has been resolved between the parties. Further while exercising power under Section 311 Criminal Procedure Code, the Courts will have to be decided in order to provide every opportunity to the accused instead of rejecting the same on technical grounds. 3.In such view of the matter, the order passed in Cr.M.P.No.7769 of 2011 dated 24.08.2011 in C.C.No.39 of 2007 on the file of the Judicial Magistrate, Shencottai is hereby set aside and this Criminal Original Petition is allowed. Consequently, connected M.P.is closed. Sd/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To: 1.The Judicial Magistrate, Shenkottai. 2.-Do- Thro' The Chief Judicial Magistrate, Tirunelveli. 3.The Inspector of Police,All Women Police Station,(Ayakudi Police Station), Tenkasi,Tirunelveli District. 4.The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai RP/20.10.2011/1P/5C. Crl.O.P.(MD)No.13093 of 2011. https://hcservices.ecourts.gov.in/hcservices/