TTV DHINAKARAN Vs. ASSISTANT DIRECTOR

JUDGEMENT

(1.) When the right to adduce evidence is a statutory right and when the right to fair trial and the right to defend is a fundamental right as enshrined in Article 21 of the Constitution of India, whether the Lower Court is justified in dismissing the claim of the accused to examine certain witnesses as defence witnesses.

(2.) The dismissal of the application filed under Section 247 of the Criminal Procedure Code, in Crl.M.P.No.2756 of 2017 in E.O.C.C.No.27 of 1996 on the file of the learned Additional Chief Metropolitan Magistrate (E.O.-II), Allikulam, Chennai 3, seeking to examine the list of witnesses 1 to 17, as defence witnesses, is under challenge in this Revision Petition.

(3.) The specific contention raised by the petitioner / accused is that the list of witnesses sought to be examined are the witnesses, which were relied upon by the complainant and as the complainant did not choose to examine them, the accused has a right to examine them as defence witnesses. Brief Facts: