CHINNAIYAN Vs. STATE

JUDGEMENT

(1.) This petition has been filed seeking to set aside the order made in Cr.M.P.No.6 of 2019 in S.C.No.15 of 2013 passed by the Court of the Sessions Judge, Tiruchirappalli dismissing the petition filed under Section 311 of Cr.P.C seeking to recall P.W.1 to P.W.4 for cross-examination.

(2.) The brief facts of the case are that the petitioner is A1 in S.C.No.15 of 2013 on the file of the Special Court for trial of criminal cases related to M.Ps and MLAs at Chennai. P.W.1 to P.W.3 were examined in chief on 07.10.2014. P.W.4 was examined in chief on 16.12.2014. As per the direction of this Court, the case was later transferred to the Court of Sessions Judge, Tiruchirappali. Thereafter, the petitioner has filed a petition on 30.07.2019 under Section 311 Cr.P.C in Cr.M.P.No.6 of 2019 seeking to recall P.W.1 to P.W.4 stating that he has not cross-examined the witnesses.

(3.) The respondent has filed a counter stating that the petitioner has filed the miscellaneous petition after a lapse of 4-- 1/2 years and by this time, the witnesses would have lost their memory.