The legal principle established is the importance of fair and speedy trial for both the accused and prosecution witnesses, as guaranteed by the Constitution of India.

JUDGMENT

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to set aside the order dated 03.12.2020 passed in Crl.M.P.No.647 of 2020 in C.C.No.1 of 2016 pending on the file of the learned Additional Chief Judicial Magistrate/Special Judge for Idol Theft Cases, Kumbakonam and consequently allow the Petitioner to cross-examine P.W-1, P.W-2, P.W-3, P.W-12, P.W-15, P.W-21, P.W-22, P.W-23, P.W-24, P.W-25, P.W-26, P.W-27, P.W-28, P.W-33, P.W-34, P.W-35 and P.W-36 and enabling the Petitioner to cross-examine in full.)

1. This Criminal Original Petition has been filed to set aside the order dated 03.12.2020 passed in Crl.M.P.No.647 of 2020 in C.C.No.1 of 2016 pending on the file of learned Additional Chief Judicial Magistrate, Special Court for Idol Theft Cases, Kumbakonam and consequently allow the Petitioner to cross-examine P.W-1, P.W-2, P.W-3, P.W-12, P.W-15, P.W-21, P.W-22, P.W-23, P.W-24, P.W-25, P.W-26, P.W-27, PW28, P.W-33, P.W-34, P.W-35 and P.W-36 and enabling the Petitioner to crossexamine in full.

2. The learned Counsel for the Petitioner would submit that the Petitioner was originally arrayed as Accused No.7. Subsequently he was arrayed as Accused No.1. It is the contention of the learned Counsel for the Petitioner that the Petitioner was arrested in Germany and he is the citizen of United States of America. The Government of India had given an undertaking when he was in Cologne Prison, Germany that he will be prosecuted in India only for the case regarding idol theft. On that undertaking, he was extradited from Germany to India and he was arrayed as Accused in C.C.No.01 of 2016 on the file of the learned Additional Chief Judicial Magistrate, Special Court for Idol Theft Cases, Kumbakonam.

3. It is the contention of the learned Counsel for the Petitioner that while the Government of India had given an undertaking that the Petitioner will be confined only in Central Prison, Chennai whereas he is now confined in Central Prison, Trichy. It is the further submission of the learned Counsel for the Petitioner that after the Petitioner was extradited to India as per the undertaking given by the Government of India before the Cologne Court only one case pending against him is to be tried and he has to be sent back immediately after the case ends in conviction or acquittal as the case may be. In spite of that undertaking, after the Petitioner was brought to India and confined in Prison, all the idol theft cases, where the idols were recovered in Foreign Countries, were foisted against the Petitioner. Therefore, he is having many cases. Also, when the Petitioner was secured and brought back to India, he filed petition seeking bail and the bail application was allowed by the trial Court. The Prosecution went in appeal and cancelled the bail. Thereafter, he was continuously in Prison from the date of his arrival in India from 14.07.2022. There is nothing to show that the Petitioner is protracting the trial. Sooner the trial is completed, the Petitioner is interested to go back immediately. Further, he is suffering from cancer. Therefore, he has to get treatment in Germany or United States.

4. The learned Counsel for the Petitioner further submitted that the antique idols were properly purchased through proper channel under documents from the Institutions/Governments/Persons as per law. He further submitted that recall petition was filed only to recall the witnesses who were examined during Covid-19 lock down period. The valuable right of defence of the Petitioner will be affected by the order of refusal to cross examine the witnesses. The learned Additional Chief Judicial Magistrate, Special Court for Idol Theft Cases, Kumbakonam while dismissing the petition filed by the Petitioner has observed as follows:

“6. Records perused. In this case 12 witnesses including the official witnesses were not cross examined by the petitioners and they were examined in chief between 18.09.2015 to 15.10.2020 and the reason f