M.VELLAISAMY Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This petition has been filed quashing the order passed by the Court below dismissing the petition filed under Section 311 of Cr.P.C. to recall PW1 to PW3 for the purpose of cross-examination.

(2.) The petitioners are facing trial before the Court below for the offences under Sections 420 , 384 r/w 34 of IPC . In this case the final report was taken in the year 2007. There was no progress in the case and ultimately the trial started only in the year 2012. Four witnesses were examined on the side of the prosecution. PW1 was examined on 26.10.2012, PW2 was examined on 07.02.2013 and PW3 was examined on 26.02.2018. On all those dates the petitioners even though were represented by a counsel chose not to cross-examine these witnesses. Ultimately a petition came to be filed under Section 311 of Cr.P.C., on 03.10.2018 to recall PW1 to PW3 for the purpose of cross-examination. The said petition was dismissed by the Court below on the ground that even though the petitioners were represented by a counsel right through, there was absolutely no explanation as to why the petitioners waited for such a long time to file a petition to recall the witnesses. The Court below also took into consideration the fact that the case is pending from the year 2007 and the petitioners cannot be allowed to recall the witnesses at their own pleasure and the entire attempt is only to drag on the proceedings.

(3.) The learned counsel for the petitioners submitted that the petitioners must be given an opportunity to cross-examine the witnesses in the absence of which the petitioners will be deprived of a fair trial and their right to fair trial will be defeated. The learned counsel further submitted that there is a change of counsel for the petitioners and the new counsel realised the fact that PW1 to PW3 were not cross-examined and therafter, immediately steps were taken to recall the witnesses for cross-examination. The learned counsel submitted that this Court can impose any condition and the same will be complied with by the petitioners and the petitioners will not drag on with the case and will co-operate for the early disposal of the case.