M. SARAVANAN Vs. S. MURUGESAN

JUDGEMENT

(1.) This revision case has been filed against the order dated 28.06.2017 passed by the learned Judicial Magistrate, Fast Track Court, Thiruchengode in Crl.M.P. No.1566 of 2017 in S.T.C. No.114 of 2016.

(2.) The petitioner is the accused in the said S.T.C. No.114 of 2016 before the trial Court. He had filed a petition under section 254(2) of the Criminal Procedure Code, 1973 (herein after referred as "Code") seeking permission of the Court to examine two witnesses on his behalf. The said petition filed by the petitioner/accused was rejected by the trial Court by order dated 18.05.2016. Reason for the rejection of the said petition was that without even cross-examining P.W.1, who is the petitioner/complainant, deposed before the trial Court and without giving any reason as to why the complainant's Bank Manager has to be examined, such petition cannot be entertained.

(3.) Thereafter, in fact, P.W.1 was cross-examined by the petitioner and such cross-examination was completed on 19.06.2017. After the completion of cross-examination of P.W.1, the petitioner has filed the present petition under Section 254(2) of the Code, even without mentioning the provision of the Code, seeking permission of the trial Court to examine the witness namely one Sideswari, who is the sister of the accused. This petition filed to examine the said Sideswari has been rejected by the present impugned order dated 28.06.2017, against which the present revision has been filed.