VIJAYALAKSHMI VISWANATHAN Vs. S SOUDARA PANDIAN

JUDGEMENT

(1.) This revision has been filed against the orders passed in Crl. M.P.No. 1913 of 2003 in C.C.No. 760 of 2000, by Judicial Magistrate No. V. Madurai, declining to dispense with the presence of the witnesses in the above calendar case cited by the complainant to be examined in the said case. The said witnesses are the petitioners in this revision, who apparently do not want to appear in court as witnesses.

(2.) The question that arises for consideration, as argued by the learned counsel appearing for the petitioners is that whether the witnesses have a right to get themselves dispensed with by not featuring as witnesses on the ground of official confidence.

(3.) The Counsel appearing for the petitioners argued that the complainant has cited the petitioners herein as witnesses in the above-said calendar case, which relates to defamatory case, which relates to defamatory matter against the accused who have sent defamatory letters to the petitioners herein and that they do not want to appear in Court and give evidence. According to the learned counsel, the witnesses have every right to abstain themselves from the proceedings and hence had filed a petition to dispense with their presence as witnesses. However, the learned Magistrate has dismissed the said petition mainly on the ground that what they are likely to depose does not come under the category of official confidence.