RAJAGOPAL Vs. THE INSPECTOR OF POLICE

JUDGEMENT

(1.) This petition has been filed seeking to set aside the order in C.M.P. No. 7781 of 2015 on the file of the Judicial Magistrate No. 1, Karur dated 27.01.2016. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the State.

(2.) The petitioner is facing trial for offences under Sections 279 and 304(a) IPC in C.C. No. 179 of 2013 before the learned Judicial Magistrate No. 1, Karur. The prosecution examined P.Ws. 1 to 14 on various dates and the accused did not choose to cross examine the witnesses. At the close of the prosecution case, the accused filed an application C.M.P. No. 7781 of 2015 under Section 311 Cr.P.C. for recall of the prosecution witnesses, which was rightly dismissed by the Trial Court on 27.01.2016, relying upon the judgment of the Supreme Court in Vinod Kumar v. State of Punjab, 2015 1 Scale 542 and the circular issued by the Registrar Judicial of Madras High Court in R.O.C. No. 7808-A/2015/F1/Regr(Judl).

(3.) It is seen that this petitioner has been adopting dilatory tactics by not' cross examining the prosecution witnesses with the intention of tiring them out and making them turn hostile.