MANIMUTHU Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to set aside the order dtd. 30/11/2018, passed by the learned Sessions Judge, Mahila Court, Chennai in Crl. M.P. No. 20730 of 2018 in S.C. No. 249 of 2018 thereby dismissed the petition filed by the petitioner under Sec. 311 of Cr.P.C. to recall P.W.1 to P.W.3 for the purpose of cross examination.

(2.) The learned counsel for the petitioner submitted that the petitioner is the sole accused in this case. Totally there are four witnesses have been examined by the prosecution and due to the inconvenience of the learned counsel appearing for the petitioner, while examining P.W.1 in chief, the petitioner could not cross-examine P.W.1, on the date of chief examination itself. Further he submitted that P.W.2 to P.W.4 are concerned they cross examined in full. P.W.1 is the victim girl and she has to necessarily cross examine. Therefore one more opportunity may be given to the petitioner to put fourth his defence. Therefore, he prays to allow this petition.

(3.) The learned Additional Public Prosecutor would submit that all the witnesses have been examined and the case is posted for arguments on 5/3/2019. Hence, he prayed for dismissal of this petition.