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2022 Supreme(Online)(MAD) 19218

HIGH COURT OF MADRAS
Hon`ble Mr Justice G.K. ILANTHIRAIYAN
KRISHNAMURTHY – Appellant
Versus
THE STATE REP BY – Respondent


O R D E R

This petition has been filed to set aside the order passed by the learned XXIII Additional Sessions Judge, Chennai in petition filed under Section 311 Cr.P.C. by the respondent in Crl.M.P.6089 of 2022 in S.C.No.75 of 2020, dated 12.08.2022.

2. The petitioners are accused in S.C.No75 of 2020 on the file of the XXIII Additional Sessions Judge, Chennai. After completion of arguments, the respondent filed a petition under Section 311 Cr.P.C to recall P.W.11, who deposed in her chief examination that she copied the CCTV footage in pen drive and in her cross examination by the accused 2 to 4, she deposed that she produced the pen drive before the Trial Court. P.W.8 who is alleged to have copied the CCTV footage, has clearly deposed in his chief examination that he gave the CCTV footage in pen drive and in cross examination, he categorically deposed that he gave it only in pen drive and not in CD. He further submitted that neither CD nor pen drive was produced before the Trial Court in Form No.95.

3. On a perusal of the records, it reveals that, while examination of P.W.11, the Investigating Officer, deposed about CCTV footage in the form of pen drive and thereafter, the above CCTV

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