PRABHU @ HAMSA @ ABDUL AZEEZ Vs. STATE

JUDGEMENT

(1.) This petition has been filed, seeking to call for the entire records pertaining to the order passed by the learned Additional Sessions Judge-cum-Chief Judicial Magistrate, Nagercoil in Cr.M.P. No. 320 of 2016 in S.C. No. 163 of 2014 dated 14.03.2016 and set aside the same.

(2.) The petitioners are facing trial in S.C. No. 163 of 2014 before the learned Additional Sessions Judge-cum-Chief Judicial Magistrate, Nagercoil for the alleged offences under Sections 147, 148, 294(b), 341, 342, 307, 153A, 120(b) r/w 34 IPC. There are totally five accused and apart from these two petitioners, there are three other accused in the case.

(3.) It is seen that one Mr. G. Chandrasekhar, Advocate had filed memos of appearance for representing Prabhu @ Hamsa @ Abdul Azeez (A3) and Shaji (A5) before the Trial Court. P.Ws.1 to 3 were examined in chief on 24.11.2015 and the witnesses were again present on 14.12.2015 and the counsel for A1, A2 and A4 cross examined them in full. Learned counsel for the petitioners, who was present in the Court, reported No Cross and the same has been recorded in the evidence. This is also reflected in the adjudication dated 14.12.2015. Under these circumstances, the petitioners herein filed an application in C.M.P. No. 320 of 2016 in S.C. No. 163 of 2014 under Sec. 311 Crimial P.C. to recall P.Ws.1, 3 & 4 for the purpose of cross examination by the petitioners. The respondent police filed their counter seriously objecting to the prayer of the petitioners. After hearing both sides, the Trial Court by order dated 14.03.2016 dismissed C.M.P.320 of 2016, challenging which, the accused are before this Court.