Madras High Court
T.Manickam vs The State Rep.By on 23 April, 2024
Author: G.Jayachandran
Bench: G.Jayachandran
Crl.OP.No.7428 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.04.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.OP.No.7428 of 2024
1.T.Manickam
2.M.Rameswaran
3.Palaniyammal
4.V.Katturaja
5.Ranjitha
6.C.Sagadevan
7.R. Theerthan ... Petitioners
Vs.
The State Rep.by
Inspector of Police
Kariyalur Police Station,
Kallakurichi District
(Cr.No.115/2019) ... Respondent
Prayer: Criminal Original Petition is filed under Section 482 of Criminal
Procedure Code, to call for the entire records relating to the impugned
order dated 09.01.2024 made in CMP.No.321 of 2023 in SC.No.191 of
2020 on the file of the learned 3rd Additional District and Sessions Judge,
Kallakurichi, Villupuram District and to set aside the order.
For Petitioners : Mr.C.Iyyappa Raj
For Respondent : Mr.S.Udayakumar
Government Advocate (Crl.Side)
https://www.mhc.tn.gov.in/judis
1/5
Crl.OP.No.7428 of 2024
ORDER
The petitioner facing trial for the offences under Sections 120B, 147, 148, 341, 324 and 302 of IPC.
2. The case was registered on 01.12.2019 and on completion of investigation, final report was filed in the year 2020 and taken on file as S.C.No.191 of 2020. The case status indicates that after framing of charge, recording of evidence was commenced on 30.11.2021 and got completed on 19.11.2023. Totally, 24 witnesses were examined on the side of the prosecution between 02.03.2021 to 19.10.2023. After the completion of examination, the matter was adjourned to 9.11.2923 for arguments. At this juncture, application to re-call P.W.9 to P.W.24 filed on the ground that though witnesses were present, the counsel was not well or was engaged otherwise, therefore they were not able to cross examine, only if the witnesses are re-called and cross examined, it will be a fair justice .
3. The trial Court after considering the reasons stated to re-call the witness, dismissed the petition stating that prosecution has examined 24 https://www.mhc.tn.gov.in/judis 2/5 Crl.OP.No.7428 of 2024 witnesses between 02.03.2021 to 19.10.2023. The petition to re-call 16 witnesses, out of 24 witnesses filed on 11.12.2023. When the matter was posted for arguments after questioning them under Section 313 of Cr.P.C regarding the incriminating materials. Therefore, held that there is no genuineness in the request to re-call 16 witnesses.
4. The learned counsel appearing for the petitioner submitted that none of the prosecution witnesses except P.W.9 to P.W.24 were not cross examined due to counsel illness.
5. This Court on perusing the records finds that failure to cross examine the witnesses who were present is totally attributable to the accused persons. The witnesses cannot be summoned again and again and subject to ordeal of visiting the Court under the guise of assisting the Court or providing opportunity for the accused persons who has failed to avail the opportunity to cross examine the witnesses, when the witnesses is in the Court in response to the summon issued. Hence, this Criminal Original Petition is dismissed as devoid of merits.
Vv 23.04.2024 https://www.mhc.tn.gov.in/judis 3/5 Crl.OP.No.7428 of 2024 To 1.The Inspector of Police Kariyalur Police Station, Kallakurichi District 2. The Public Prosecutor, High Court of Madras, Chennai. https://www.mhc.tn.gov.in/judis 4/5 Crl.OP.No.7428 of 2024 Dr.G.JAYACHANDRAN,J. Vv Crl.OP.No.7428 of 2024 23.04.2024 https://www.mhc.tn.gov.in/judis 5/5