HAJI MOHAMMAD Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed under Sec. 482 of Cr.P.C, to set aside the order passed in Crl.M.P.No.2190 of 2018 in S.C.No.52 of 2017 dated 10.12.2018 on the file of the learned Principal District and Sessions Judge, Tiruvarur and to allow the petitioners / accused to produce their defense witnesses as per the witness list filed.

(2.) The learned counsel for the petitioners would submit that the Crime No.153 of 2013 has been registered against the petitioners under Sec. 302 of IPC. The petitioners filed a petition under Sec. 233(3) of Code Criminal Procedure praying to issue summons to seven witnesses listed in the petition and the same was dismissed by the Trial Court on 10.12.2018. Aggrieved by the said dismissal order, the petitioners are before this Court.

(3.) The learned counsel would further submit that the witnesses on the side of the prosecution has been completed only on 03.12.2018 and the petitioners were examined under Sec. 313 of Crimial P.C. in respect of incriminating circumstances of the prosecution witnesses. Accordingly, the petitioners answered the questions under Sec. 313 of Crimial P.C. and they have also submitted a written version of their explanations regarding their innocence. The petitioners submitted a witness list on 07.12.2018 and immediately on the next date of hearing following the 313 of Crimial P.C. examination conducted by the trial Court.