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A. D. JAGADISH CHANDIRA
Mala Agarwal – Appellant
Versus
Rajiv Agarwal – Respondent
JUDGMENT
(Prayer: This Criminal Original Petition filed under Section 407 Cr.P.C., to transfer C.C.No.558 of 2017 on the file of the learned Judicial Magistrate No.II, Alandur to any other Judicial Magistrate and dispose the same in accordance with law.)
1. This Criminal Original Petition has been filed, to transfer C.C.No.558 of 2017 on the file of the learned Judicial Magistrate No.II, Alandur to any other Judicial Magistrate and dispose the same in accordance with law.
2. Learned counsel for the petitioners would submit that the petitioners are accused facing Trial in C.C.No.558 of 2017, which is a private complaint filed by the respondent for the offence under Section 109,120 A, 199, 415, 420, 494, 495 and Section 496 of IPC. The petitioners are residing at Thane, Maharashtra. The petitioners had filed applications under Section 311 of Cr.P.C to recall the complainant/PW1 and the Trial Court allowed the petitions on 06.12.2021. The case was posted for cross examination of PW1 on 20.12.2021 and specific time was fixed at 3.00 pm. Due to pandemic restrictions, the petitioners were unable to travel to chennai and due to some miscommunication, the petitioners were unable to contact th
The main legal principle established in the judgment is the right of the accused to a fair trial, including the opportunity to cross-examine witnesses, even in the face of difficulties in attending c....
The importance of affording the accused an opportunity to examine their witnesses before pronouncing judgment, and the discretion granted to the trial judge in conducting the examination of witnesses....
The right to cross-examine witnesses is fundamental to ensuring a fair trial in criminal proceedings.
The court balanced the rights of both sides and considered the petitioner's undertaking in allowing the recall of witnesses, setting a precedent for imposing conditions for such recalls.
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