CHANDRAN Vs. LAKSHMAN REDDY (DECEASED) AND OTHERS

JUDGEMENT

(1.) This is an application filed by the petitioner/accused under Sec. 397 read with Sec. 401 of Crimial P.C. to set aside the order dated 12.9.1997 passed in Crl.M.P. No. 1847 of 1997 in C.C. No. 105 of 1988 on the file of the Judicial Magistrate No. 1 at Tiruvallur on the following grounds:

(2.) The above case is posted for further proceedings on 7-10-1997 and as the prosecution witnesses, namely Chinnaiya, son of Chellakutty, and Subramani, son of Govindan could not be examined earlier, the petitioner filed a petition before the lower Court on 9.5.1997 for reopening the case and permit him to examine them. The lower Court was pleased to dismiss the same on 12.9.1997 by stating that the petition is filed at a belated stage and the same could not be entertained. The petitioner had clearly mentioned in his petition filed under Sec. 311 of Crimial P.C. that the examination of witnesses are vital to this case and he is ready to examine them on the same day. He further stated that the above said witnesses are independent witnesses, who were present at the scene of occurrence. The failure to examine the above said witnesses would result in grave injustice to him and the petitioner is praying one more opportunity to examine them and prove the offence against the Respondents. He further stated that without their examination, the trial would be unfair and the same would cause untold hardship to him. Hence this Revision Petition.

(3.) After hearing the learned counsel for the petitioner the point that arises for consideration in this Revision is as to whether the witnesses by name Chinnaiah and Subramani can be examined on the side of the Revision Petitioner after reopening the case, and as to whether the order of the learned Judicial Magistrate No. 1. Tiruvallur dated 12.9.1997 passed in Crl.M.P. No. 1847 of 1997 in C.C. No. 105 of 1988 can be set aside.