ASHWIN CHAND MAHESH Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking to set aside the order dtd. 10/12/2021 passed in Crl.M.P.No.7526 of 2021 in C.C.No.740 of 2013 on the file of Judicial Magistrate, No.1, Chengalpattu and permit the petitioner to recall and cross examine PW5 /Motor Vehicle Inspector.

(2.) Learned counsel for the petitioner would submit that the petitioner is an accused facing trial for the offence under Ss. 279, 337, 304(A) of IPC. The respondent has examined PW5/Motor Vehicle Inspector and marked his report in respect of the vehicle as Ex.P2. The petitioner was unable to cross examine the Motor Vehicle Inspector on 15/2/2021. The petitioner was under the impression that he could recall and cross examine the Motor Vehicle Inspector after the examination of Investigation Officer. The evidence on the side of prosecution was closed on 18/2/2022 and thereafter, due to Covid-19 lock down, the petitioner did not get any opportunity to recall and cross examine PW5. Thereafter, petitioner had filed an application in Crl.M.P.7526 of 2021 seeking to recall PW5 on 7/9/2021, whereas, the trial Court wrongly holding that the scope of cross examination of PW5 was limited had dismissed the application.

(3.) He would further submit that a perusal of Ex.P2, shows some contradictions in the report filed by PW5. In column Brake Efficiency of the Report, the Motor Vehicle Inspector stated as follows: