ROSHAN SEBASTIAN Vs. STATE

JUDGEMENT

(1.) THE petitioners, who are the accused 1 to 3 in C. C. No. 56 of 2003 on the file of the learned Judicial Magistrate, Coonoor, and facing trial for the alleged offences under Sections 498-A I. P. C. and Section 4 of the Dowry Prohibition Act, have filed the above Crl. O. P. against the order, dated 30. 6. 2008 passed in C. M. P. No. 2178 of 2008 by the Judicial Magistrate, Coonoor.

(2.) THE brief facts, which are necessary for the disposal of the above Crl. O. P. are set out as under:-

(3.) IN the counter affidavit, it is stated that the delay in completing the examination of P. W. 1 was only due to the failure of P. W. 1 to appear before the court and the petition under Section 311 Cr. P. C. is not maintainable, since the said petition can be filed only by the prosecution or the defence and not by any witness.