RAJESH DAS Vs. STATE

JUDGEMENT

(1.) This petition is filed for setting aside the impugned order dtd. 23/3/2023 passed by the learned Chief Judicial Magistrate, Villupuram in Crl.M.P.No.1962 of 2023 in C.C.No.231 of 2021 and consequently, directing to allow the petition to recall the witnesses PW.1 Tmt.Nisha Parthiban (LW-1) and PW.6 Mr.Parthiban (LW-2) .

(2.) Learned counsel for petitioner submitted that petitioner filed Crl.M.P.No.1962 of 2023 in C.C.No.231 of 2021 on the file of learned Chief Judicial Magistrate, Villupuram for recalling PW.1 and PW.6. The reason for recalling PW.1 and PW.6 is that after examining them, PW.58 and PW.59 were examined. The evidence of PW.58 and PW.59 has to be confronted with PW.1 and PW.6. There is a large conspiracy against the petitioner, wherein certain top officials conspired to spoil the carrier of petitioner. Only if petitioner is permitted to recall PW.1 and PW.6 for the purpose of further cross examination on the evidence of PW.58 and PW.59, petitioner would be in a position to expose the conspiracy against him and establish his innocence. Without considering the merits in the claim of petitioner, learned Chief Judicial Magistrate, Villupuram, dismissed the petition. Challenging the said order, this petition is filed. Learned counsel for petitioner also relied on the judgment reported in (2013) 5 SCC 741 (Natasha Singh ..vs.. Central Bureau of Investigation (State)) for the proposition that fair trial requires, the accused must be given full opportunity of cross examining witnesses.

(3.) Learned Government Advocate (Criminal Side) opposed this petition on the ground that PW.1 and PW.6 were extensively cross examined by petitioner. Petitioner has the habit of filing petitions for recalling witnesses long after their examination in chief. Repeated examination of witnesses would be harassment to the witnesses and it would affect the conduct of the trial. Learned Chief Judicial Magistrate, Villupuram has rightly dismissed the petition.