GURUSAMY Vs. THE STATE

JUDGEMENT

(1.) This petition has been filed to set aside the order passed by the learned II-Additional District and Sessions Judge, Thoothukudi, dated 05.10.2016, made in Cr.M.P.No.397 of 2015 and consequent direction to the respondent to comply with the order passed by the learned I-Additional District and Sessions Judge, Thoothukudi in Cr.M.P.No.397 of 2015 vide his order, dated 28.11.2015, by supplying the statements of the witnesses sought for under Section 91 Cr.P.C. in connection with the case in S.C.No.369 of 2015, pending on the file of the I-Additional District and Sessions Court, Thoothukudi.

(2.) Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent.

(3.) The learned counsel for the petitioner would submit that according to the petitioner, the order passed by the learned I-Additional District and Sessions Judge, Thoothukudi in Cr.M.P.No.397 of 2015, vide his order, dated 28.11.2015, was not complied by the prosecution. The prosecution filed a memo stating that the statements of the witnesses sort for by the petitioner in Cr.M.P.No.397 of 2015 had already been converted in to one of a statement recorded under Section 161(3) of Cr.P.C. which were already supplied to the accused persons during the time of giving the copies of the case records under Section 207 Cr.P.C. The learned Judge has ordered a copy to be served to the petitioner counsel and ultimately posted the said memo for enquiry and consequently, the learned II-Additional District and Sessions Judge, Thoothukudi, who is in-charge of the said Court, by order dated 05.10.2016, without considering the objection made by the petitioner, accepted the memo filed by the prosecution and passed order by observing that the claim of the petitioner has to be decided only during the course of trial.