KARUPPUSAMY Vs. STATE

JUDGEMENT

(1.) This petition has been filed by the accused to set aside the order passed by the Sessions Judge, Magalir Neethimandaram, (Mahila Court) Coimbatore in Crl.M.P.No. 649 of 2019 in Spl.C.C.No.47 of 2018 dated 13.12.2019.

(2.) Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

(3.) The learned counsel for the petitioner has submitted that the petitioner is facing trial for the alleged offences under Section 366 of IPC Section 5(i) and 6 of Protection of Children from Sexual Act 2012 and Section 9 of Prohibition of Child Marriage Act 2006. He further submitted that on 22.07.2019 P.W.1 was examined and thereafter on the side of the prosecution, five witnesses were examined. He further submitted that since the petitioner's counsel was out of station, those witnesses were not cross examined when they were examined in chief before the Court and hence the petitioner has filed Crl.M.P. No.649 of 2019 under Section 311 of Cr.P.C to recall the aforesaid witnesses for the purpose of cross examination. He further submitted that the learned Trial Court Judge has partly allowed the said application with regard to P.Ws. 2 to 6 on payment of cost of Rs.1000/- each of the witnesses, but dismissed the petition against the P.W.1. He further submitted that since the PW.1 is a material witness, unless an opportunity is given to the petitioner to cross examine the said witness, it will cause irreparable loss to the petitioner, and hence he prayed to set aside the order passed by the learned Trial Court Judge with regard to the dismissing the petition against PW.1.