SUNDER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These Criminal Original Petitions have been filed challenging the order passed by the Court below dismissing the petition filed by the petitioner to eschew the evidence of PW-1 and the order passed by the Court below closing the evidence of PW-2 to PW-4.

(2.) The petitioner is facing trial before the Court below for the alleged offence under Sec. 454, 457 & 380 of IPC. The prosecution had examined four witnesses including the de facto complainant, who was examined as PW-1. None of these witnesses were cross examined and their evidence was closed. The petitioner filed an application under Sec. 311 of Crimial P.C. to re-call PW-1 to PW-3 for cross examination and the said application was allowed by the Court below by an order dated 27.03.2013.

(3.) The petitioner was taking steps to issue summons on PW-1 and the respondent Police was not able to serve it on PW-1, inspite of their best efforts and they were not able to produce PW-1 in the Court and his "whereabouts are not known". Therefore, the petitioner filed Crl.M.P.No.4030 of 2016, before the Court below seeking for the relief of eschewing the evidence of PW-1.