KALA DEVI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Criminal Original petition has been filed to set aside the order, dtd. 27/12/2024 passed in Cr.M.P No. 14709 of 2024 in STC No. 250 of 2024 on the file of learned Judicial Magistrate, Paramakudi.

(2.) The petitioners, who are arrayed as A1 and A2 are facing trial in STC No.250 of 2024 for the offence punishable under Sec. 294(b), 448, 323, 506(ii) IPC and Sec. 4 of TNPHW Act, 2002 have filed a petition under Sec. 311 of Cr.P.C to recall PW1 and PW2, which was dismissed by the trial Court by order, dtd. 27/12/2024.

(3.) It is the contention of the petitioners that the petitioners and the defacto complainant are neighbours. There are some disputes between them with respect to sharing of common amenities, which has been projected, as if, the petitioners have scolded and assaulted the defacto complainant. In this case, PW1 and PW2 were examined on 4/12/2024. Since the learned counsel for the petitioners was unable to get instructions and in order to verify certain documents, those witnesses could not be cross-examined on that day.