Subair Banu, v. The Inspector of Police

O R D E R This Criminal Original Petition has been filed to set aside the order of the learned Judicial Magistrate No.II, Nagercoil, Kanyakumari District dated 02.04.2019 made in Crl.M.P.No.2974 of 2019 in C.C. No. 258 of 2014 and consequently order the certain portion of evidence of P.W. 1 to be eschewed forthwith and further to continue the cross examination of P.W.1 forthwith.

¶2According to the petitioner the evidence of P.W.1 was stopped due to quarrel between the counsel and the Presiding Officer and it was incomplete,therefore the said evidence of the P.W.1 has to be eschewed.

¶3There is no provision under Indian Evidence Act or the Code of Criminal Procedure to eschew the evidence and since already evidence of P.W. 1 was partly recorded and it has to be decided by the Presiding Officer at the time of passing judgment, whether it has any evidentiarcy value or not according to the Evidence Act. Now this Court cannot pass any orders with regard to the prayer of the petitioner.

¶4Accordingly this Criminal Original Petition stands dismissed. Consequently connected miscellaneous petition is closed.

27.07.2023 Index : Yes / No Internet : Yes / No aav To

¶1The Inspector of Police Kottar Police Station, Nagercoil, Kanyakumari District

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

P.DHANABAL, J. aav

27.07.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2023 CORAM: THE HONOURABLE MR. JUSTICE P.DHANABAL and Crl.M.P(MD) No.11203 of 2019 Subair Banu ... Petitioner Vs. The Inspector of Police Kottar Police Station, Nagercoil, Kanyakumari District ..Respondent PRAYER: This Criminal Revision case has been filed under Section 397 r/w.401 of Criminal Procedure Code, to set aside the order of the learned Judicial Magistrate No.II, Nagercoil, Kanyakumari District dated 02.04.2019 made in Crl.M.P.No.2974 of 2019 in C.C. No.258 of 2014 and consequently order the certain portion of evidence of P.W. 1 to be eschewed forthwith and further to continue the cross examination of P.W.1 forthwith For Petitioner : Mr.S.Palani Velayutham For Respondent : Mr.M.Sakthi Kumar Government Advocate(Crl.Side)