Chennai: The Madras high court has granted time till August 31 to AIADMK (Amma) deputy general secretary T.T.V. Dinakaran to cross examine a prosecution witness in connection with a two-decade-old Fera violation case, pending against him before the Additional Chief Metropolitan Magistrate (Economic Offences-II), Egmore.
Allowing a petition filed by Dinakaran, Justice M.S.Ramesh said the petitioner is granted time till August 31 for the purpose of cross examining Prosecution Witness-1. It is made clear that no further time will be granted for cross examination. The petitioner shall personally appear before the court concerned on August 16 and after that shall ensure that the cross examination will be completed on or before August 31, the judge added.
In his petition, Dinakaran sought to set aside an order of ACMM dated August 1 examining PW-1 in the case.
The ACMM posted the case for framing charges on August 1. On that day, the accused was present and charges were framed.After framing charges to which the accused pleaded not guilty and claimed for trial, the magistrate should have adjourned the case to another date and on the adjourned date alone could have questioned the accused, he added.
Quoting section 246 (4) of Cr.P.C, he said there has to be an adjournment and only on the adjourned date the accused can be questioned about what he intends to do with the prosecution witness which has been recorded. Therefore, it was just and necessary that this serious defect in the procedure needs to be rectified, he added.
