The petitioner has filed the present petition to set aside the order in Crl.M.P.No.1214/2017 dated 25.4.2017 and to direct the learned V Metropolitan Magistrate, Egmore, Chennai – 600 008 to recall PW1 to PW3, PW6 and PW7 in the above case and permit the petitioners to cross examine R.MAHADEVAN, J., sr them in the case in C.C.No.1679 of 2007 on the file of V Metropolitan Magistrate, Egmore, Chennai.
2. Mr.C. Emalias, learned Additional Public Prosecutor takes notice for the respondent.
3. Heard both sides. It is apparent that the petitioner did not bother to cross examine for quite long years, and now the petitioner filed the present petition, seeking to recall the witnesses, which cannot be entertained, as rightly held by the trial Court. The discretion vested under Sec.311 of the Criminal Procedure Code cannot be unilaterally invoked. Therefore, the Criminal Original Petition is dismissed as devoid of merits.
21-6-2017 sr Index : Yes/No Internet : Yes/No To
1. The Inspector of Police, K.2 Ayanavaram Police Station, Chennai-600 023
2. The Public Prosecutor, High Court, Madras Crl.O.P.No.11591/2017