IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

Crl.O.P.No.4181 of 2022

and

Crl.M.P.No.2077 of 2022

Ravivenkadachalapathi

... Petitioner /Accused

Vs

State rep. By

The Inspector of Police,

All Women Police Station,

Avinasi, Tiruppur District

... Respondent

Prayer: Criminal Original Petition filed under Section 482

Cr.P.C., to call for the records pertaining to C.M.P.No.415 of

2021 in Spl.S.C.No.41 of 2021 on the file of the learned Fast

Tract Mahila Judge, Tiruppur, by order dated 31.12.2021 and set

aside the same.

For Petitioner

: Mr.R.Rajprabhu

For Respondent : Mr.A.Gokulakrishnan

Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to set

aside the order dated 31.12.2021 passed by the learned Fast

Track Mahila Judge, Tiruppur made in C.M.P.No.415 of 2021 in

Spl.S.C.No.41 of 2021, dismissing the application filed under

Seciton 311 of Cr.P.C., to recall PW1, PW2, PW3 & Investigating

Officer.

2. The learned counsel appearing for the petitioner would

submit that the petitioner is charged for the offence under

Section 9(n) r/w 10 of Protection of Children from Sexual

Offences Act 2012 and Section 506(i) of IPC. The prosecution

witnesses PW1, PW2, PW3 and IO were examined in chief and they

were also cross examined. The petitioner now found that certain

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important aspects in the case were left out to be examined from

the witnesses and thereby, he had filed the petition seeking for

recall of witnesses, whereas, the Trial Court failed to take into

consideration the necessity had dismissed the application.

Thereby, he seeks to set aside the order dated 31.12.2021, made

in C.M.P.No.415 of 2021 in Spl.S.C.No.41 of 2021

3. Mr.A.Gokulakrishnan, learned Additional Public

Prosecutor (criminal side) would submit that the petitioner had

cross examined all the witnesses in detail, now the case has been

posted for argument of the accused. Only inorder to delay the

process, the petitioner has filed this petition and no specific

reason has been stated to recall the witnesses. More than that

the victim child/PW2 is 13 years old and the Trial Judge rightly

found that there is no need for recalling PW1 to PW3 and

Investigation Officer, had dismissed the petition. He would

further submit that there is no infirmity in the order. Further,

the order was pronounced as early as on 31.12.2021 and this

petition has filed very recently.

4. Heard both sides and perused the materials available

on record.

5. This Court is of the opinion, the petitioner is not

made out any valid ground for recalling the witnesses and the

Trial Court had rightly dismissed the petition.

6. In view of the above, this Criminal Original Petition

stands dismissed. Consequently, connected Criminal Miscellaneous

Petition is closed.

Sd/-

Assistant Registrar(CCC)

// True Copy //

Sub Assistant Registrar

shk/sai

To

1.The Fast Track Mahila Judge,

Tiruppur.

2.The Inspector of Police,

All Women Police Station,

Avinasi, Tiruppur District.

https://hcservices.ecourts.gov.in/hcservices/

3.The Public Prosecutor,

Madras High Court,

Madras.

+1cc to Mr.R.Rajprabhu, Advocate SR.No.16736(23/03/2022)

Crl.O.P.No.4181 of 2022

and

Crl.M.P.No.2077 of 2022

MG(CO)

CB(16/03/2022)

https://hcservices.ecourts.gov.in/hcservices/