K. P. SUBRAMANIAM Vs. STATE

JUDGEMENT

(1.) This petition has been filed challenging the order passed by the Court below dismissing the application filed by the petitioner under Section 311 Cr.P.C. to re-call P.W.5 to P.W.7 for cross examination.

(2.) The petitioner is facing trial before the Court below for an offence under Section 279 and 338 I.P.C. The prosecution examined P.W.5 to P.W.7 on 17.03.2017. These witnesses were not cross examined and their evidence was closed. The petitioner filed an application under Section 311 Cr.P.C. on 13.01.2020 to re-call these witnesses for cross examination.

(3.) The Court below has dismissed the application filed by the petitioner on the ground that there is a long delay and the petitioners did not avail the opportunity to cross examine the witnesses on the day when they were present. The Court below also relied upon the judgment of the Hon'ble Supreme Court in Vinod Kumar Vs State of Punjab , 2015 1 MadLJ(Cri) 288 SC] to support its views.