C O M M O N O R D E R

These Criminal Revision Cases have been filed to set aside the order dated 14.02.2020 passed in M.P.Nos.1, 2 and 3 of 2019 in M.C.No.4 of 2017 by the learned I Additional Judge, Family Court, Chennai.

2.The respondent herein/wife filed a maintenance case in M.C.No.4 of 2017 under Section 125 Cr.P.C. against the petitioner herein/husband before the I Additional Family Court, Chennai. Subsequently, during the trial the petitioner/husband filed M.P.No.1 of 2019 to re-open the respondent's evidence in the main case ; M.P.No.2 of 2019 to scrap the evidence of R.W.1; M.P.No.3 of 2019 to recall R.W.1 in main case, respectively and the petitions were dismissed on 14.02.2020 by the learned Principal Judge, (FAC I Additional Principal Judge), I Additional Family Court, Chennai. Challenging the same, the petitioner is before this Court by way of these revisions.

3.The learned counsel for the petitioner would submit that M.P.No.2 of 2019 has been filed to scarp the evidence of R.W.1. He would further submit that on the date of recording evidence on 07.08.2019, the petitioner had high blood pressure, due to which, he was not able to understand what questions were asked. Therefore, the evidence recorded on 07.08.2019 from R.W.1 has to be scraped and fresh evidence has to be recorded from R.W.1. Similarly, the petitions in M.P.Nos.1 and 3 of 2019 that were filed to re-open and recall the evidence in M.C.No.4 of 2017 may be allowed.

4. It is an admitted fact that once, the evidence of the petitioner is recorded and he also gone through the deposition and signed it, subsequently, filing of a miscellaneous petition to scrap the evidence and examining R.W.1 afresh cannot be accepted. The trial Court has rightly dismissed M.P.No.2 of 2019. Therefore, this Court cannot allow the Criminal Revision Case No.157 of 2021 and the same is liable to be dismissed.

5.As far as re-open and recall petitions are concerned, in order to give opportunity to the petitioner, the order passed in M.P.Nos.1 and 3 of 2019 by the learned Principal Judge, (FAC I Additional Principal Judge) I Additional Family Court, Chennai are set aside. The learned I Additional Principal Judge is directed to reopen the case in M.C.No.4 of 2017 and allow the petitioner to recall the witnesses mentioned in the list. The trial Judge is further directed to complete the evidence within a period of one month i.e. on or before 23.04.2021 and also dispose of M.C.No.4 of 2017 on or before 30.04.2021. The petitioner is directed to co-operate for early disposal of the case.

6.With the above directions and observations Crl.R.C.Nos.170 and

159 of 2021 are allowed and Crl.R.C.No.157 of 2021 is dismissed.

Consequently, connected miscellaneous petition is closed.

25.03.2021 Index: Yes/No Speaking Order/Non Speaking Order ms To The I Additional Judge, Family Court, Chennai.

P.VELMURUGAN, J.

ms and Crl.M.P.No.3821 of 2021

25.03.2021