D. MURALIDHARAN Vs. THE SUB-INSPECTOR OF POLICE

JUDGEMENT

(1.) BEING aggrieved by the dismissal of the petition filed under Section 311 Cr.P.C., to examine Smt. Uma Maheswari, the then Inspector of Police, All Women Police Station, Anna Nagar, Smt. Vijayalakshmi, the then Inspector of Police, All Women Police Station, Thirumangalam, Smt. Panneerselvi, the then Inspector of Police, All Women Police Station, Villivakkam and also the complainant Sumathi/PW1, for cross examination, Crl.M.P. No. 7296 of 2014, has been filed in C.C. No. 12426 of 2005 on the file of the learned Chief Metropolitan Magistrate, Egmore, Chennai, under Section 311 Cr.P.C.

(2.) AVERMENTS in the petition, as deduced from the impugned order are that during the pendency of the trial, Criminal Miscellaneous Petition has been filed to call for the document under CSR No. 228/W5 on the file of the Anna Nagar All Women Police Station, numbered as 4599 of 2005. The said petition has been ordered accordingly. But the said document was not produced by the Inspector of Police, All Women Police Station, Anna Nagar, even after a lapse of four years.

(3.) OBJECTING to the prayer sought for, police has stated that C.C. No. 12426 of 2005 is under trial since 2005. So far, eight witnesses have been examined. PW1, Sumathi was examined on 12.07.2005, 21.11.2005 and 12.06.2006, respectively. Apart from the family members of the complainant, witnesses Pws 7 to 9 were also examined, as early as, in the year 2008 and 2010. Police has further stated that the petitioner/accused did not choose to cross examine them. The police has also contended that the petitioner is aware of the fact that complainant/PW1, is living abroad, and her whereabouts is not known to anybody. Subpoena sent to PW1 also could not be served and that the same has been returned to the learned Chief Metropolitan Magistrate, Egmore on 09.06.2009, with a report.