LAWS(MAD)-2016-3-276

MARTIN MANRIQUE MANSOUR Vs. STATE

Decided On March 15, 2016
Martin Manrique Mansour Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This petition has been filed to call for the records of the learned Sessions Judge-Mahila Court, Mahalir Neethimandram, Madurai in Cr.M.P. No. 1376 of 2015 in S.C. No. 109 of 2013 and set aside the order dated 27.01.2016. It may not be necessary to elaborately discuss the facts of the case and it would suffice, if the minimum facts that are required for deciding this petition, is discussed.

(2.) The petitioner is an accused in S.C. No. 109 of 2013 for the major offence punishable under Section 307 IPC. During the progress of the trial in S.C. No. 109 of 2013, several witnesses turned hostile. Therefore, the defacto complainant filed a petition in Crl. O.P(MD) No. 8606 of 2015 for appointment of a Special Public Prosecutor to conduct the proceedings. On 22.07.2015, this Court passed the following order:

(3.) Pursuant to the order passed by this Court, Mr. Anbu Saravanan was appointed as Special Public Prosecutor and he took up the prosecution of the case before the Trial Court. He filed Cr. M.P. 1376 of 2015 under Section 311 Cr.P.C., for recalling all the witnesses, namely, P.Ws. 1 to 36 for further examination. Despite the strong objection raised by the accused, the Trial Court, by impugned order, allowed the petition, aggrieved by which, the accused is before this Court.