AKILANDESWARI Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed challenging the order dated 05.11.2020 passed by the Court below dismissing the application filed for recalling PW15 for cross-examination.

(2.) The petitioner, who has been arrayed as A2, is facing trial before the Court below for a Charge under Section 302 IPC read with Section 34 of IPC. In this case, the husband of the petitioner has been arrayed as A1.The prosecution had examined 15 witnesses in this case. PW15, who is the Investigating Officer was examined in chief and he was not cross-examined and hence, an application came to be filed under Section 311 of Cr.P.C. for recalling PW15 for cross-examination. The said application was allowed and there was a direction to pay the batta to issue summons to the concerned witness.

(3.) In the meantime, the husband of the petitioner absconded and therefore, the case was split-up against the husband of the petitioner and numbered as SC. No.33 of 2020 on the file of the learned III Additional District cum Sessions Judge, Virudhachalam. The petitioner filed an application under Section 311 of Cr.P.C. for recalling PW15 for cross-examination and the said application was dismissed by the Court below. Aggrieved by the same, the present petition has been filed before this Court.