NAKKHEERANGOPAL Vs. KOVAI THANGAM

JUDGEMENT

(1.) THE revision is directed against the order passed by the learned judicial Magistrate VII, Coimbatore rejecting the plea of the petitioner who is the first accused in C. C. No. 200 of 2004 to examine five co-accused as witnesses on his side. Of course, the learned Judicial Magistrate VII, coimbatore was pleased to permit the petitioner to examine the sole independent witness cited in the list of witnesses placed before the Court.

(2.) THE petitioner is the first accused in a case launched against him for offences under Sections 500, 501 and 502 of the indian Penal Code. After questioning the accused under Section 313 of the Code of criminal Procedure, the learned Judicial magistrate VII, Coimbatore offered an opportunity to the accused to lead evidence on their side. At that stage, the first accused, who is the petitioner herein, filed a list of witnesses to be examined as defence witnesses. The learned Judicial Magistrate was pleased to reject the plea of the accused to examine the witnesses shown in the list produced.

(3.) A revision in Crl. R. P. No. 160 of 2000 was preferred by the first accused before the court of Session. The said Criminal Revision petition was taken on file by the District Judge, fast Track Court III, Coimbatore who dismissed the said revision petition on 19-12-2005. The first accused invoked the provision of Section 482 of the Code of criminal Procedure by filing Crl. O. P. No. 5412 of 2006 before this Court. This Court was pleased to dismiss the said petition as withdrawn giving liberty to the learned counsel for petitioner to take appropriate action in accordance with law.