CHINNATHAI Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition had been filed seeking direction to withdraw the trial from the learned Sessions Court (Fast Track Mahila Court) Virudhunagar at Srivilliputhur.

(2.) The learned Counsel for the Petitioner submitted that the Petitioners were not granted bail and they were still in prison. As per the order passed by this Court in Crl.O.P(MD).No.22175 of 2023 dtd. 7/12/2023, the Trial Court was directed to examine PW21 on 18/12/2023, thereby the Petitioners/ Accused No.1 and 2 in S.C.No.112 of 2022 shall be afforded an opportunity to cross examine without fail.

(3.) The learned Additional Public Prosecutor appearing for the first Respondent on instructions submitted that the PW21 is the Deputy Superintendent of Police, who had already deposed evidence. At that time, he was cross examined, only to harass him, the accused had filed the petition to recall PW21, which was dismissed by the learned Sessions Judge, Fast Track Mahila Court, Srivilliputhur in Crl.M.P.No.2240 of 2023 dtd. 27/9/2023, against which Crl.O.P.(MD).No.22175 of 2023 was filed and this Court vide order dtd. 7/12/2023 directed the learned Sessions Judge to afford an opportunity to the Petitioners herein.