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2016 Supreme(Mad) 908

P.N.PRAKASH
Suber – Appellant
Versus
Inspector of Police – Respondent


Advocates Appeared:
For the Petitioners: Mr. S.M.A. Jinnah
For the Respondent:Mr. K.V. Rajarajan Govt. Advocate (Crl.Side)

ORDER :

This petition has been filed to direct the learned Judicial Magistrate, Melur to dispose the case in C.C. No. 38 of 2010 on the file of the Judicial Magistrate, Melur.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the State.

3. It is seen that the petitioners are accused in C.C. No. 38 of 2010 on the file of the learned Judicial Magistrate, Melur, for the offence under Section 506 (ii) IPC r/w Eve Teasing Act and Section 4 of Tamil Nadu Prohibition of Women Harassment Act. On seeing the Diary extract, though a final report was filed in the year 2010, the accused appeared only on 23.12.2011 and after furnishing copies, they were questioned on 02.03.2012. On 21.09.2012, L.Ws.1 and 2 were examined as P.Ws.1 & 2, but the accused did not cross examine the witnesses on the same day of examination in chief. Therefore, the accused filed a petition under Section 311 Cr.P.C. for recalling P.Ws.1 & 2, which was allowed by the Magistrate on 09.11.2012.

4. Learned Government Advocate (Crl.Side), on instructions submitted that the prosecution has examined two more witnesses and thus, totally four witnesses have been examined.

5.


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