SEETHATHIPAL ANTONY Vs. INSPECTOR OF POLICE KUMBAKONAM

JUDGEMENT

(1.) AGGRIEVED by an order dated 29.6.2001 in Crl.M.P. No.40 of 2001 allowing the application filed under Section 311 of Cr.P.C. to reopen the case and to re-examine two witnesses on the prosecution side, the petitioners have preferred the above petition to set aside the said order dated 29.6.2001 on two grounds: (i) that the application was not filed by the prosecution, but only by the respondents 2 and 3 who propose to give evidence in the matter; and (ii) the respondents 2 and 3 were not examined by the investigation officer and, their statements were not recorded under Section 161, Cr.P.C.

(2.) IN this regard I am obliged to refer Section 311 of Cr.P.C. which reads as follows: