TTV Dinakaran allowed to question witness in FERA case

Dinakaran in his plea had sought to set aside the proceedings of the Additional Chief Metropolitan Magistrate (EOII), Egmore, on August 1, framing charges against him citing procedural lapses. He had contended that the Magistrate in violation of the requirements under section 246(4) of the CrPC had not given him an opportunity for cross examining the prosecution witness before framing the charges against him, thereby committing serious illegality. 

Justice MS Ramesh, who allowed the petition, said, “Dinakaran is granted time till August 31 for cross examining prosecution witness 1. It is made clear that no further time will be granted for cross examination. Dinakaran shall personally appear before the court concerned on August 16, 2017 and after that shall ensure that the cross examination is completed on or before August 31, 2017.” 

Dinakaran had contended that the HC by its order on July 24 had set aside the order framing charges against him, as he was not given adequate opportunity of hearing on the charges. Thereafter, his counsel argued on the charges that could be framed and what could not be framed. 

He said after framing the charges, to which he had pleaded not guilty and claimed for a trial, the Magistrate should have adjourned it to another date and in the adjourned date alone the Magistrate could have questioned him as to whether he wanted the prosecution witness who had been examined earlier to be cross examined again. SPP appearing for the ED had submitted that the investigating officer is a retired officer and he must come from Bengaluru.