James Raj v. State Rep. by The Inspector of Police
2016-02-23
P.N.PRAKASH
body2016
DigiLaw.ai
ORDER : This petition has been filed to call for the records and set aside the order dated 12.01.2016 passed in Cr.M.P.No.323 of 2015 in S.C.No.49 of 2015 on the file of the learned Principal Sub-Judge, Tirunelveli, Tirunelveli District. 2. Heard learned counsel for the petitioner and learned Government Advocate (Crl.Side) appearing for the State. 3. It is seen that this petitioner/accused had filed an application under Section 311 Cr.P.C. to recall P.Ws.1 to 9. The Trial Court had dismissed the said application in respect of recalling P.Ws.1 to 5 and this Court finds no infirmity in the order passed by the Trial Court in the light of the judgment of the Hon'ble Supreme Court in the case of A.G. vs. Shivakumar Yadav, 2015 (9) Scale 649. 4. As regards the prayer to recall P.Ws.6, 7 & 9, the Trial Court allowed the application on condition that process fee should be paid within three days, failing which, the petition will stand automatically dismissed. Therefore, learned counsel for the petitioner submits that the petitioner had not paid the process fee for reasons beyond his control and prays that time may be extended to pay the process fee, so that the petitioner's valuable right to cross examine P.Ws.6, 7 & 9 is not lost. 5. Accepting the submission, this Court directs the petitioner / accused to pay the process fee within one week from the date of receipt of a copy of this order and on such payment, the petitioner will be entitled to recall P.Ws.6, 7 & 9 for cross examination. 6. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.