SRIRENGAMMAL Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This petition has been filed to set aside the order passed by the learned Special Judge for Land Grabbing Cases (Magistrate Level), Thoothukudi, Thoothukudi District in Cr.M.P.No.278 of 2018 in C.C.No.1 of 2016 dated 28.11.2018, dismissing the petition to recall the witnesses P.W.1,P.W.2, P.W.7, P.W.14, P.W.16 to P.W.18.

(2.) The learned counsel for the petitioner would submit that the petitioners are facing trial for the offences under Section 419 , 468 , 471 , 420 , 120(b) , 423 of I.P.C., later altered to Sections 120(b) , 419 , 420 , 423 , 465 , 468 and 471 of I.P.C., and Section 82 of Registration Act, 1908. He would further submit that P.W.1 and P.W.2 were cross examined on 11.06.2018 and thereafter P.W.7 was examined in chief on 25.06.2018, P.W.14 was examined in chief on 13.08.2018, P.W.16 and P.W.17 were cross examined in chief on 04.09.2018 and P.W.18 was examined in chief on 05.10.2018.

(3.) The learned counsel would submit that the above witnesses were not cross examined due to non availability of certain documents, and would submit that cross examination of the above witnesses is necessary for arriving at a just decision by the trial 3 Court. Whereas the trial Court had dismissed the petition to recall the witnesses.