KARUNANIDHI Vs. THE STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to set aside the order dtd. 20/3/2018 passed by the Judicial Magistrate No.I, Vellore in C.M.P.No.55 of 2018 in C.C.No.280 of 2014.

(2.) The petitioner is facing a prosecution in C.C.No.280 of 2014 under Sec. 498-A IPC before the Judicial Magistrate No.I, Vellore. PW1 and PW2 were examined-in-chief on 5/8/2014. Thereafter, the petitioner filed CMP.No.55 of 2018 in C.C.No.280 of 2014 to recall PW1 and PW2 for cross-examination. The trial court has dismissed the said petition on 20/3/2018, aggrieved by which, the petitioner/accused is before this Court.

(3.) The learned counsel for the petitioner/accused submitted that the petitioner may be given an opportunity to cross-examine PW1 and PW2, otherwise, undue prejudice would be caused to the accused.