The Madurai Bench of the Madras High Court has directed the Special Court for Idol Theft Cases in Kumbakonam to dispose of a criminal case pertaining to idol theft against antique dealer Subash Chandra Kapoor within one month.
Justice Sathi Kumar Sukumara Kurup passed the order while dismissing a petition filed by Mr. Kapoor, who sought a direction to allow him to recall and cross-examine some prosecution witnesses. His petition seeking to recall and cross-examine some of the prosecution witnesses was dismissed by the trial court.
The judge noted that when witnesses were available before the trial court, none of the defence counsel appearing on behalf of the accused had cross-examined them and, therefore, the trial court recorded 'No Cross'.
None of the defence counsel had filed any petition to defer their right to cross-examine the witnesses. Therefore, the Additional Chief Judicial Magistrate/Special Court for Idol Theft Cases in Kumbakonam had dismissed the petition.
Earlier, few other accused persons in the idol theft case filed similar petitions, which were dismissed by the court. Taking note of the same, the judge said the court cannot give contradictory orders for the same relief sought by the petitioner.
The judge observed that the Supreme Court had deprecated the practice of defence counsel filing petitions under Section 311 of CrPC to recall prosecution witnesses, as per the whims and fancies of the accused person, thereby resulting in the trial court being unable to dispose of criminal cases on time.
