R MURUGAVEL Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking a direction to set aside the order dated 04.05.2018 passed in Crl.M.P.No.461 of 2018 in C.C.No.78 of 2012 on the file of the Judicial Magistrate No.I at Pantruti.

(2.) Heard the learned counsel for the petitioner, the learned Government Advocate (Crl.Side) appearing for the respondent and perused the materials placed on record.

(3.) The petitioner is facing prosecution in C.C.No.78 of 2012 before the Judicial Magistrate No.I, Pantruti for the offences under Sections 279, 337 and 304(A) I.P.C. The trial commenced on 16.03.2017 and the prosecution examined Karthikeyan (PW1), Sakthivel (PW2), Rajasekaran (PW3) and Singaram (PW4). None of the witnesses were cross examined by the accused. Maya Krishnan (PW5) and Jayaram (PW6) were examined on 10.04.2017. One Srinivasan, S/o.Arumugam, who was shown as LW2 in the final report was examined as PW7 on 08.02.2018. The accused filed an application in Crl.M.P.No.461 of 2018 in C.C.No.78 of 2012 under Section 311 Cr.P.C to recall PW1 to PW5, which has been dismissed by the trial Court on 04.05.2018. Aggrieved by which, the accused is before this Court.