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2024 Supreme(Mad) 80

N. ANAND VENKATESH
Velu Durai – Appellant
Versus
State rep. by the Inspector of Police, Royapettah Police Station, Chennai – Respondent


Advocates appeared:
For the Petitioner:R. Sankarasubbu, Advocate. For the Respondent: A. Damodaran, APP.

JUDGMENT

(Prayer: Petition under Section 407 of the Criminal Procedure Code praying to withdraw and transfer the case in S.C.No.434 of 2007 on the file of the learned First Additional Sessions Judge, Chennai to any other Sessions Court at Chennai to secure the ends of justice.)

1. This is a petition filed by the petitioner seeking for withdrawal and transfer of the case in S.C.No.434 of 2007, pending on the file of the First Additional Sessions Court, Chennai to any other Sessions Court at Chennai.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. The petitioner is facing trial before the Court below for offences under Section 452, 395 and 397 of the Indian Penal Code. The prosecution had examined all the witnesses. When the case was at the stage of questioning under Section 313 of the Criminal Procedure Code (for short, the Code), the petitioner filed Crl.M.P.No.25855 of 2023 under Section 311 of the Code to recall P.W.14 for cross examination. This application came to be dismissed by the Court below by an order dated 09.10.2023.

4. According to the petitioner, P.W.14 was examined in his absence and this witnes

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