BALAKRISHNAN Vs. GAJAPATHI RAO

JUDGEMENT

(1.) This Petition has been filed challenging the Order passed by the Court below dismissing the Application filed under Sec. 311 Cr.P.C. to recall PW1 to PW5 for cross-examination in Crl.M.P. No.724 of 2023 in C.C. No.336 of 2000, dtd. 22/2/2023.

(2.) When the matter came up for hearing on 29/3/2023, this Court passed the following Order: This Petition has been filed to call for the records and set aside the Order made in Crl.M.P. No.724 of 2023 in C.C. No.336 of 2000, dtd. 22/2/2023 passed by the learned District Munsif cum Judicial Magistrate, Kattumannarkoil, Cuddalore District. 2. The learned Counsel for the Petitioner submitted that Charges framed against the Petitioner shows that, Petitioner was asked even on the date of framing of Charges, as to whether, he wanted to further cross-examine PW1 to PW5, who were already cross-examined. In answer to this, it is recorded that the Accused had informed that, he did not want to further cross-examine PW1 to PW5. He further submitted that the procedure followed by the learned Magistrate is contrary to Sec. 246 of Cr.P.C. As per this Sec. , after the charges are framed, if the Accused refuses to plead, or does not plead or claims to be tried or if the Accused is not convicted, he shall be required to state, at the commencement of the next hearing of the case or, if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith whether he wishes to cross-examine any, and if so, which, of the Witnesses for the prosecution whose evidence has been taken. He further submitted that learned Magistrate has not recorded any reason for asking the Accused forthwith as to whether he wanted to further cross-examine PW1 to PW5. Therefore, present Petition is filed.

(3.) In the light of the submission made by the learned Counsel for the Petitioner, learned District Munsif cum Judicial Magistrate, Kattumannarkoil, Cuddalore is directed to produce the relevant records including the questioning of the Accused under Sec. 264 of Cr.P.C. with answers and charges, to this Court within a period of two weeks from the date of receipt of copy of the Order.