The Trial Court, by order dated 14.12.2016, permitted the petitioner herein under Section 91 of Cr.PC to mark certain documents and accordingly those documents were placed before the Trial Court and on such production, the petitioner herein filed applications under Section 311 of Cr.PC to recall certain witnesses for cross-examination, and the same came to be dismissed on 26.12.2016, against which the present Criminal Original Petitions have been filed.
2. Mr.C.Emalias, learned Additional Public Prosecutor, takes notice for the respondent.
3. The learned senior counsel appearing for the petitioner submitted that without granting any opportunity to the petitioner, the impugned order has been passed.
4. Time and again, the Courts have held that adequate and ample opportunities have to be given to the persons seeking cross- examination of witnesses by recalling, related to certain documents marked under Section 91 of Cr.PC. When such being the case, the denial of opportunity to the petitioner is fatal to entire proceedings. Hence the impugned order dated 26.12.2016 is set aside and the Judicial Magistrate-II, Vellore is directed to recall the witnesses as prayed for by the petitioner, under Section 311 of Cr.PC, on 27.02.2017 and complete the cross-examination on that day itself. The parties shall appear and the cross-examination shall be completed on that day itself and no further petition under Section 311 of Cr.PC shall be entertained.
5. The Criminal Original Petitions are disposed of accordingly.
Consequently, the connected miscellaneous petition is closed.
Index : Yes/No 10.02.2017 Internet : Yes/No KM To The Inspector of Police, C.C.I.W./C.I.D.Tiruvannamalai Police Station, Tiruvannamalai.
R.MAHADEVAN, J.
KM Crl.O.P.Nos.2152 to 2154 of 2017 and Crl.M.P.No.1539 of 2017 10.02.2017