SANJEEVI Vs. STATE

JUDGEMENT

(1.) The present petitions have been filed to set aside the orders dated 03.12.2020 passed in Crl.M.P.Nos.658 and 659 of 2020 in CC.No.01 of 2016 by the learned Additional Chief Judicial Magistrate, Special Court for Idol Theft Cases, Kumbakonam.

(2.) The petitioners are Accused Nos.2 to 6 in CC.No.01 of 2016 on the file of the learned Additional Chief Judicial Magistrate, (Special Court for Idol Theft Cases), Kumbakonam, for the alleged offences punishable under Sections 457(2), 380(2), 465, 468, 471, 411, 414 and 120(b) of the Indian Penal Code. During the course of trial, the prosecution examined 13 witnesses on various dates from 18.09.2015 to 15.10.2020 and the petitioners/accused did not cross examine the witnesses on the day when they were examined in Chief. Subsequently, the petitioners/accused filed an application under Section 311 of the Code of Criminal Procedure in Crl.M.P.Nos.658 and 659 of 2020 to recall PW1, PW12, PW15, PW21 to PW28, PW35 and PW36 and the said petitions were dismissed by the trial court vide orders dated 03.12.2020. Aggrieved over the same, the petitioners/accused have filed the present petitions.

(3.) Mr.B.Fazilkirmani, 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.