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2015 Supreme(Mad) 770

R.S.RAMANATHAN
M. Lalitha – Appellant
Versus
State Represented by Inspector of Police – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:S. Sathiaseelan, Advocate.
For the Respondent: M. Maharaja, Additional Public Prosecutor.

Judgment

1. The petitioner is the first accused in S.C.No.41/2012, on the file of the Chief Judicial Magistrate, Krishnagiri and she filed an application in Crl.M.P.No.1150/2014, for recalling PWs.2 and 16 and her application was dismissed by the learned Chief Judicial Magistrate, Krishnagiri, by order dated 06.01.2015 and aggrieved by the same, this petition is filed.

2. It is submitted by the learned counsel for the petitioner that PW2 was cross-examined on 08.08.2012 and PW16 was cross-examined during April 2014 and PW2-Perumal stated in his cross examination that within 10 days he handed over the third female child and the said answer was not recorded by the learned Magistrate and she immediately filed a memo before the Court and no action was taken. Further, on the side of the defence, DW1-Doctor was examined on 16.06.2014 and he deposed that on 16.04.2010, no person in the name of Easwari, who is PW1, was admitted in the hospital for delivery and after going through the records maintained by the hospital, the said Doctor deposed that from 01.04.2010 to 30.04.2010, no person in the name of Easwari was admitted and no child was delivered by the said person in the said hospital. H
























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