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SATHI KUMAR SUKUMARA KURUP
Chinnathai – Appellant
Versus
State represented by its, Inspector of Police, Virudhunagar – Respondent
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to transfer the case in S.C.No.112 of 2022 on the file of the learned Sessions Court (Fast Track Mahila Court) Virudhunagar at Srivilliputhur to learned Sessions Judge Mahila Court, Madurai.)
1. This Criminal Original Petition had been filed seeking direction to withdraw the trial from the learned Sessions Court (Fast Track Mahila Court) Virudhunagar at Srivilliputhur.
2. The learned Counsel for the Petitioner submitted that the Petitioners were not granted bail and they were still in prison. As per the order passed by this Court in Crl.O.P(MD).No.22175 of 2023 dated 07.12.2023, the Trial Court was directed to examine PW21 on 18.12.2023, thereby the Petitioners/ Accused No.1 and 2 in S.C.No.112 of 2022 shall be afforded an opportunity to cross examine without fail.
3. The learned Additional Public Prosecutor appearing for the first Respondent on instructions submitted that the PW21 is the Deputy Superintendent of Police, who had already deposed evidence. At that time, he was cross examined, only to harass him, the accused had filed the petition to recall PW21, which was dismi
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 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 principle of fair trial and the necessity to consider the facts of the case in ensuring a just decision.
The right to cross-examine witnesses is fundamental to ensuring a fair trial in criminal proceedings.
The court emphasizes the right to cross-examine key witnesses to uphold fair trial principles.
The court allows an opportunity for cross-examination by a self-represented accused, emphasizing justice in procedural matters.
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