The Criminal Original Petition has been filed to set aside the order dated 06.04.2017 passed by the learned Judicial Magistrate No.I, Vellore, Vellore District in Crl.M.P.No.687 of 2017 in C.C.No.532 of 2014.
2. It is the case of the petitioner that there are two accused. The petitioner/A1 along with A2, is facing trial in CC No.532 of 2014 on the file of the learned Judicial Magistrate No.I, Vellore, Vellore District. While so, he filed Section 311 Cr.P.C petition in CMP.No.687 of 2017 seeking permission to recall P.W.1 to P.W.3 for the purpose of cross examination. By order dated 06.04.2017, the learned Magistrate partly allowed the said petition, by permitting the petitioner to recall P.W.1 and P.W.3 for cross examination, on payment of cost of Rs.200/- each and partly dismissed the petition in respect of P.W.2. Aggrieved over the dismissal of the petition partly, the petitioner is before this Court.
3. Learned Additional Public Prosecutor has seriously opposed the relief sought for by the petitioner, stating that P.W.2 is the Inspector of Police, whose presence is not at all essential for completion of the trial.
4. Heard both sides.
5. On a perusal of the order impugned herein, it is to be noted that the petitioner/A1 had adopted the cross examination of P.W.2 by the second accused, on 04.02.2016. Further, the learned Magistrate has permitted the petitioner to recall P.W.1 and P.W.3, for cross examination. However, the learned Magistrate has declined to entertain Section 311 Cr.P.C petition filed by the petitioner, in respect of P.W.2 on the ground that the petitioner cannot be permitted to fill up the lacuna. Learned Additional Public Prosecutor has also seriously opposed the prayer sought for by the petitioner, as P.W.2 is in no way connected to the case. Under such circumstances, this Court is not inclined to interfere with the order impugned herein.
6. Accordingly, the Criminal Original Petition is dismissed.
21.06.2017 R.MAHADEVAN, J.
rk Crl.O.P.No.10898 of 2017 21.06.2017