MURUGAN Vs. THE SUB

JUDGEMENT

(1.) This Criminal Original petition has been filed by the accused to set aside the order passed by the learned Judicial Magistrate No. II, Srivilliputhur in Cr.M.P.No. 2172 of 2017, dated 25.09.2017 in C.C.No. 224 of 2011.

(2.) The learned counsel appearing for the petitioner has submitted that the petitioner is facing trial in C.C.No. 224 of 2011. He further submitted that P.Ws.1 to 9 were not cross examined, when they were examined in chief, as his counsel was not available on that day. He further submitted that now the case is posted for evidence on the side of the accused and at that stage only, the petitioner realized that cross examination of the aforesaid witnesses is must and hence, he has filed a petition under Section 311 Cr.P.C in Cr.M.P.No. 2172 of 2017 on 28.03.2017 to recall the aforesaid witnesses for the purpose of cross-examination. He further submitted that the learned Judicial Magistrate, without considering the request made by the petitioner, has dismissed the petition, without giving opportunity to the petitioner to cross examine the aforesaid material witnesses.

(3.) The learned Government Advocate (Crl.side) has opposed this petition on the ground that even though P.W.1 was examined on 26.09.2013, P.W.2 was examined on 09.01.2013, P.Ws.3 and 4 were examined on 03.12.2013, P.W.5 was examined on 25.06.2014, P.W.6 was examined on 06.11.2014, P.W.7 was examined on 12.06.2015, P.W.8 was examined on 15.09.2015 and P.W.9 was examined on 07.11.2016, the petitioner has not taken any steps to recall the aforesaid witnesses within the reasonable time and with a view to drag on the proceedings, he has filed a petition to recall the aforesaid witnesses belatedly, after four years.