KALIFAS PAPERS Vs. S. VALLIYAPPAN

JUDGEMENT

(1.) These petitions have been filed challenging the orders dated 17.09.2019 made in Crl. M.P. No. 2743 of 2019 in CC No. 3052 of 2012, in Crl. M.P. No. 2725 of 2019 in CC No. 3051 of 2012, Crl. M.P. No. 2732 of 2019 in C.C No. 1418 of 2012, Crl. M.P. No. 2741 of 2019 in C.C No. 87 of 2013, Crl. M.P. No. 2740 of 2019 in C.C. No. 84 of 2013, Crl. M.P. No. 2739 of 2019 in C.C No. 3054 of 2012, Crl. M.P. No. 2736 of 2019 in C.C No. 1416 of 2012, Crl. M.P. No. 2730 of 2019 in C.C No. 1423 of 2012, Crl. M.P. No. 2726 of 2019 in C.C No. 1417 of 2012, Crl. M.P. No. 2742 of 2019 in C.C No. 3053 of 2012, and Crl. M.P. No. 2728 of 2019 in C.C No. 3049 of 2012, on the file of the Metropolitan Magistrate, Fast Track Court at Magistrate Level-IV, George Town, Chennai and set aside the same.

(2.) In all these petitions, the rejection of the petitioners' application under Section 311 r/w 315 of Cr.P.C had been challenged. The trial Court, had observed that the questioning of accused under Section 313 (1)(b) of Cr.P.C was made way back on 04.11.2015 and the accused have also filed the list of witnesses on 25.11.2015. Since the petitioners had chosen to file the present applications after the lapse of 3-1/2 years from the examination of DW1, the trial Court had come to a conclusion that the application has been made only to protract the proceedings. In normal circumstances, this Court will not interfere with the findings of the trial Court when there is no infirmity in the same. Nevertheless, this Court is also taking into consideration the fact that by allowing the petition to reopen the defence side evidence and permit the accused to give evidence and to mark relevant documents on the defence side, it would also help the trial Court to come to a just and fair conclusion. At the same time, this Court will not be instrumental in adding up to the delay to the proceedings before the trial Court and therefore, if such an opportunity is extended to the petitioner by fixing a time limit for completion of the evidence, the ends of justice would be secured.

(3.) In the light of the above observation, the impugned orders dated 17.09.2019 on the file of the Metropolitan Magistrate, Fast Track Court at Magistrate Level-IV, George Town are set aside. Consequently, the learned Metropolitan Magistrate, Fast Track Court at Magistrate Level-IV, George Town, Chennai shall permit the petitioners to reopen the defence side evidence and give evidence as well as mark the relevant documents on the defence side, which shall be completed atleast before 08.11.2019. It is made clear that the petitioners herein shall not be entitled for further extension of time on the same.