Madras High Court
Dr.P.Tennyson vs The State Of Tamilnadu Rep By on 13 December, 2022
Author: G.Chandrasekharan
Bench: G.Chandrasekharan
Crl.O.P..No.30695 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.12.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.30695 of 2022
Dr.P.Tennyson ... Petitioner
Vs.
The State of Tamilnadu rep by
The Inspector of Police
Katpadi Police Station
Vellore District ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying
to withdraw the CC.No.26 of 2022 on the file of the Judicial Magistrate
Katpadi and to transfer the same to any other court.
For Petitioner : Mr.P.Kannan
For Respondent : Mr.S.Santhosh
Government Advocate (Crl.Side)
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https://www.mhc.tn.gov.in/judis
Crl.O.P..No.30695 of 2022
ORDER
This Criminal Original Petition has been filed to transfer the case in CC.No.26 of 2022 on the file of the Judicial Magistrate, Katpadi to some other Court.
2. The grievance of the petitioner is that he had filed petition under Section 216 of Cr.P.C., before the learned Judicial Magistrate, Katpadi in Crl.M.P.No.3218 of 2022 in C.C.No.26 of 2022 for the purpose of alteration of charges. Originally, the charges were framed against the accused for the offence under Sections 323, 324, 294(b) and 506(i) of IPC only. Even though materials were available to frame charges under Section 379 of IPC, the trial court did not alter the charges. Therefore, Crl.M.P.No.3218 of 2022 in C.C.No.26 of 2022 had been filed before the Trial Court to alter the charges. However, the learned Trial Judge, without disposing the petition, proceeded to examine LW4 and LW6. Hence this petition has been filed. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P..No.30695 of 2022
3. The learned Government Advocate (crl.side) for the respondent submitted that the petition filed by the petitioner is pending for alteration of charges.
4. At this juncture, learned counsel for the petitioner submitted that despite the opposition made by the petitioner, LW4 and LW6 were examined as PW2 and PW3. Therefore, they were not cross examined. The petitioner is now prepared to move appropriate petition for recalling PW2 and PW3 for the purpose of cross examination. If direction may be issued by this Court, the petitioner will be able to cross examine the witnesses PW2 and PW3.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) for the respondent.
6. Considering the limited prayer sought by the petitioner, this court directs the learned Judicial Magistrate, Katpadi to dispose of the petition filed under Section 216 Cr.P.C., in Crl.M.P.No.3218 of 2022 in C.C.No.26 of 2022 for alteration of charges and then proceed with examination of further witness 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P..No.30695 of 2022 G.CHANDRASEKHARAN, J.
shk in C.C.No.26 of 2022. The learned magistrate shall give one more opportunity to the petitioner for the purpose of cross examining the witnesses PW2 and PW3 on filing a petition, on merits and in accordance with law.
7. With the above direction, this Criminal Original Petition stands disposed of.
13.12.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order shk To
1.The Judicial Magistrate, Katpadi.
2.The Inspector of Police Katpadi Police Station Vellore District.
3.The Public Prosecutor, High Court of Madras.
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