SANTHANAKUMAR Vs. STATE

JUDGEMENT

(1.) The petitioners before this Court are accused 9 and 10 seeking to set aside the order dated 31.10.2017 made in Crl.M.P.No.2609 of 2017 in C.C.No.6 of 2006 on the file of II Additional District Court (CBI Cases),Coimbatore.

(2.) In the above said case which was registered and taken on file in the year 2006, the trial is completed and the matter is posted for examination of defenses witnesses. At this juncture, an application has been taken down by these petitioners to recall and re-examine P.W.6, P.W.10, P.W.17, P.W.18, P.W.19, P.W.20, P.W.21, P.W.24. P.W.25, P.W.30 P.W.36 and P.W.40.

(3.) The reasons stated to recall the witnesses as found in the petition filed in the lower Court by the petitioners is that the petitioners' counsel was not well on those days when the witnesses were examined in chief and therefore, he was not able to cross examine the witnesses. According to the learned counsel for the petitioners, the witnesses are material witnesses and cross examination of the same by the petitioners' counsel is very essential and if such opportunity is deprived, then the valuable right of the accused will be snatched away.