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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D. Jagadish Chandira, J.
P. Kamalakannan and Others – Petitioners
Versus
The State represented by, The Inspector of Police and Others – Respondents
Crl. O.P. Nos. 5434, 5436, 5437, 5581, 5584, 5586, 5814, 5818, 5820, 5821, 5822 & 5825 of 2024
Decided On : 11-03-2024
Recall of Witnesses - Criminal Procedure Code - Section 482 - C.M.P.No.156, 161, 164, 167, 170, 173 of 2024 in C.C.No.8 to 13 of 2020 - The court allowed the petitions to recall PW3 and set aside the orders imposing cost, subject to conditions.
Fact of the Case:
The petitioner sought to recall witnesses PW1 and PW3 for further cross-examination in criminal cases. The trial court had dismissed the petitions to recall PW1 and allowed the petitions to recall PW3, imposing a high cost.
Finding of the Court:
The court found that the trial had been delayed due to the pending petitions. It considered the petitioner's undertaking to complete cross-examination within two days and set aside the trial court's orders, subject to imposing conditions.
Issues: The issues involved the recall of witnesses for further cross-examination, imposition of costs, and the delay in the trial.
Ratio Decidendi: The court balanced the rights of both sides, considered the petitioner's undertaking, and set aside the trial court's orders, subject to imposing conditions for the recall of witnesses.
Final Decision: The Criminal Original Petitions were allowed, setting aside the trial court's orders, subject to the conditions imposed by the court.
ORDER :
(Prayers in Crl.O.P.No.5434 of 2024: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, pleased to set aside the order in C.M.P.No.161 of 2024 in C.C.No.9 of 2020 dated 21.02.2024 passed by the learned II Additional District Judge (CBI Cases), Coimbatore, in the interest of justice.
In Crl.O.P.No.5436 of 2024: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, pleased to set aside the order in C.M.P.No.164 of 2024 in C.C.No.10 of 2020 dated 21.02.2024 passed by the learned II Additional District Judge (CBI Cases), Coimbatore, in the interest of justice.
In Crl.O.P.No.5437 of 2024: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, pleased to set aside the order in C.M.P.No.156 of 2024 in C.C.No.8 of 2020 dated 21.02.2024 passed by the learned II Additional District Judge (CBI Cases), Coimbatore, in the interest of justice.
In Crl.O.P.No.5581 of 2024: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, pleased to set aside the order in C.M.P.No.173 of 2024 in C.C.No.13 of 2020 dated 21.02.2024 passed by the learned II Additional District Judge (CBI Cases), Coimbatore, in the interest of justice.
In Crl.O.P.No.5584 of 2024: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, pleased to set aside the order in C.M.P.No.170 of 2024 in C.C.No.12 of 2020 dated 21.02.2024 passed by the learned II Additional District Judge (CBI Cases), Coimbatore, in the interest of justice.
In Crl.O.P.No.5586 of 2024: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, pleased to set aside the order in C.M.P.No.167 of 2024 in C.C.No.11 of 2020 dated 21.02.2024 passed by the learned II Additional District Judge (CBI Cases), Coimbatore, in the interest of justice.
In Crl.O.P.No.5814 of 2024: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, pleased to set aside the order in C.M.P.No.165 of 2024 in C.C.No.11 of 2020 dated 21.02.2024 passed by the learned II Additional District Judge (CBI Cases), Coimbatore, in the interest of justice.
In Crl.O.P.No.5818 of 2024: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, pleased to set aside the order in C.M.P.No.168 of 2024 in C.C.No.12 of 2020 dated 21.02.2024 passed by the learned II Additional District Judge (CBI Cases), Coimbatore, in the interest of justice.
In Crl.O.P.No.5820 of 2024: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, pleased to set aside the order in C.M.P.No.162 of 2024 in C.C.No.10 of 2020 dated 21.02.2024 passed by the learned II Additional District Judge (CBI Cases), Coimbatore, in the interest of justice.
In Crl.O.P.No.5821 of 2024: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, pleased to set aside the order in C.M.P.No.159 of 2024 in C.C.No.9 of 2020 dated 21.02.2024 passed by the learned II Additional District Judge (CBI Cases), Coimbatore, in the interest of justice.
In Crl.O.P.No.5822 of 2024: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, pleased to set aside the order in C.M.P.No.171 of 2024 in C.C.No.13 of 2020 dated 21.02.2024 passed by the learned II Additional District Judge (CBI Cases), Coimbatore, in the interest of justice.
In Crl.O.P.No.5825 of 2024: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, pleased to set aside the order in C.M.P.No.154 of 2024 in C.C.No.8 of 2020 dated 21.02.2024 passed by the learned II Additional District Judge (CBI Cases), Coimbatore, in the interest of justice.)
1. The Criminal Original Petitions in Crl.O.P.Nos.5434, 5436, 5437, 5581, 5584 & 5586 of 2024 have been filed seeking to set aside the orders passed by the learned II Additional District Judge (CBI Cases), Coimbatore, in C.M.P.Nos.156, 161, 164, 167, 170 & 173 of 2024 in C.C.Nos. 8 to 13 of 2020 vide orders dated 21.02.2024 refusing to waive the cos
The principle of fair trial and the necessity to consider the facts of the case in ensuring a just decision.
The court clarified that procedures under Section 138 of the Negotiable Instruments Act must be conducted expeditiously, reinforcing that delays without valid reasons warrants dismissal of petitions.
The right to cross-examine witnesses is fundamental to ensuring a fair trial in criminal proceedings.
The court emphasizes the right to cross-examine key witnesses to uphold fair trial principles.
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