GANESAN Vs. STATE

JUDGEMENT

(1.) The present petition has been filed to set aside the order dated 11.11.2020 passed by the Judicial Magistrate No.II, Kovilpatti in Crl.M.P.No.1709 of 2020 in CC.No.24 of 2008.

(2.) The petitioners are Accused 3 and 4 in CC.No.24 of 2008 on the file of Judicial Magistrate No.II, Kovilpatti for the alleged offences punishable under Sections 463, 465, 467, 468, 474, 419 and 420 of Indian Penal Code. During the course of trial, the prosecution examined 18 witnesses on various dates from 22.09.2008 to 30.04.2019 and subsequently the accused was questioned under Section 313 of the Code of Criminal Procedure on 16.05.2019. At that juncture, the petitioners/accused filed an application under Section 311 of the Code of Criminal Procedure in Crl.MP(MD)No.1709 of 2020 to recall PW1 to PW18 except PW6 and PW12 and the said petition was dismissed by the trial court vide order dated 11.11.2020. Aggrieved over the same, the petitioners/accused have filed the present petition.

(3.) Mr.S.Pon Senthil Kumaran, learned counsel appearing for the petitioners/accused contended that the order passed by the trial court is not sustainable since no opportunity was given to the petitioners/accused to cross examine all the witnesses.