RAMAR Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The learned Counsel for the Petitioners submits that the Petitioners are arrayed as A2 & A3 in Spl.S.C. No.19 of 2011 on the file of the learned Sessions Judge, Special Court for trial of SC/ST (PoA) Act Cases, Virudhunagar District at Srivilliputtur. The Petition filed by the Accused 2 & 3 to re-call PW1, PW2, PW17 and PW19 under Sec. 311, Cr.P.C., was dismissed by the learned Sessions Judge, Special Court for trial of SC/ST (PoA) Act Cases, Virudhunagar District at Srivilliputtur. What was submitted by the learned Counsel for the Petitioner created surprise in the mind of this Court. Therefore, this Court had sought remarks of the learned Sessions Judge as the proceeding before the Trial Court was not in accordance with Chapter XVIII, Cr.P.C., before the Court of Sessions. The learned Judge had not followed the said procedure and had been examining the Witnesses as produced by the Police.

(2.) As per the procedure, the stage 1 for Sessions Trial is opening of the prosecution, which means, the prosecution has to submit the arguments regarding the charges that are likely to be framed by the Court and the charges that are likely to be proved by the Witnesses mentioned in the Charge-sheet, for which the defense will submit their reply. Only after this stage, the Trial Court can frame the Charges. After framing of the Charges, the learned Sessions Judges fix the trial with a tentative date. Along with that, the Trial proceedings are sent to the learned Judicial Magistrate from whose Court or from which Court the records were committed to the Sessions Court with a direction that the List of Witnesses to be examined on the tentative date should be informed to the SHO of the Police Station concerned to ensure that the Witnesses are produced promptly as per the Time-table fixed by the learned Sessions Judge.

(3.) Also, directions are issued to the learned Judicial Magistrate to direct the SHO of the Police Station concerned to file a Report to the learned Judicial Magistrate as to whether all the Witnesses, who are to be examined during the Trial proceedings, are available in the place of residence mentioned in the Charge-sheet. If the Witnesses are not available, the trial will be automatically adjourned with a direction to ensure all the Witnesses are available on the adjourned date. This is to ensure that once the trial commences, it will not cause further delay in proceeding with the trial for the absence of the Witnesses or for non-production of the Witnesses.