AMALRAJ Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to call for the records in Cr.M.P.No.2599 of 2017 in STC.No.1393 of 2011 on the file of the Judicial Magistrate, Devakottai and set aside the order dated 07.03.2018 passed therein.

(2.) According to the petitioner, he has filed an application under section 311 of Cr.P.C., 1973 to recall P.Ws.1 to 3 for the purpose of making them cross examination. The said application was dismissed by the Court below. Challenging the same, this petition has been filed.

(3.) The learned counsel appearing for the petitioner submitted that as per provision under Section 311 Cr.P.C., 1973 the petitioner, at any stage, can file application before the concerned Court to recall the witnesses. It is further submitted that sufficient reasons have been stated in the application to recall the witnesses. Further it is submitted that the case is posted for argument on 04.05.2018 and without cross examining the witnesses PWs.1 to 3, the petitioner would not get a fair trial. The Court below without considering the said fact and also without giving any opportunity to the petitioner, has erroneously dismissed the application. Challenging the same, this petition has been filed.