KANAKA Vs. STATE

JUDGEMENT

(1.) The petitioner has come forward with the present petition seeking to call for the records relating to the order dated 10.02.2016 made in Crl.M.P. No. 144 of 2016 in S.C. No. 6 of 2008 on the file of the Mahila Court, Tiruvannamalai, and set aside the same and permit the petitioner to cross examine the witnesses P.Ws.9 to 18 at any date as fixed by this Court.

(2.) The petitioner, who is the fourth accused in S.C. No. 6 of 2008 on the file of the Mahila Court, Tiruvannamalai, facing charges for the offences punishable under Ss. 120(B), 364 and 302 r/w. 34 of IPC. The charge sheet has been levelled against four accused and trial has been commenced and all the prosecution witnesses have been examined and when the matter was posted for arguments of the defence, the petitioner has filed a petition in Crl.M.P. No. 144 of 2016 before the Mahila Court, Tiruvannamalai, for recalling P.W.1, P.Ws.4 to 7, P.W.9, P.W.13 and P.W.18 stating that she has not cross - examined the said witnesses. After hearing both sides, the learned Judge of the Mahila Court, dismissed the said petition. As against the said dismissal order, the present petition has been filed.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner is facing severe criminal charge for the offences under Ss. 364 and 302 r/w. 34 of IPC and therefore, an opportunity must be given to her to put forth her defence. But that factum was not considered by the learned trial Judge and hence, the learned counsel prayed for setting aside the impugned order dated 10.02.2016 passed by the learned Judge of the Mahila Court, Tiruvannamalai, in Crl.M.P. No. 144 of 2016 in S.C. No. 6 of 2008 and permit the petitioner to cross examine the witnesses P.Ws.9 to 18 by allowing this petition.