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2003 Supreme(Mad) 1038

P.SATHASIVAM
State represented by Additional Superintendent of Police – Appellant
Versus
Tmt. Indirakumari & Others – Respondent


Advocates Appeared:For the Petitioner:Mr. I.Subramanian, Public Prosecutor, assisted by Mr. P.T. Ramkumar, Government Advocate. For the Respondents:R1, Mr. S. Manimaran, Advocate, R2 Mr. Asokan, Senior counsel for Mrs. Geetha Asokan, R3,5,6 Mr. Rupert J. Barnabas. R4 Mr. Satyanarayanan for Mr. S. Karthikeyan.

Judgment :-

COMMON ORDER

Crl. Revision Case Nos.851 of 2003 and 852 of 2003 are directed against the order dated 13-6-2003, made in Crl.M.P.No.527 of 2003 and 526 of 2003 respectively on the file of the XI Additional Special Judge, Chennai.

2. The prosecution had filed Crl.M.P.No.526 of 2003 under Section 311, Code of Criminal Procedure praying that one Madappan, who was at the relevant time working as Industrial Co-operative Officer to be examined as additional witness. In Crl.M.P.No. 527 of 2003 the prosecution had prayed for examination of one Balasubramanian, cited as list witness No.4 (L.W.4) in the charge-sheet and one Pollachi Jayaraman, cited as list witness No.124 (L.W.124) in the charge-sheet and recalling of P.W.8, Chenninathan. Both the petitions were opposed by the respondents/accused. By the impugned order dated 13-6-2003, the learned Special Judge dismissed both the petitions holding that the prosecution has filed these petitions to fill up the lacuna, belatedly and if the petitions are allowed, the accused will be prejudiced. Questioning the said order, the Additional Superintendent of Police,C.B. C.I.D., Metro Wing, Chennai-2-complainant has preferred the above Revis




























































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