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2025 Supreme(Online)(Mad) 21559

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
Baskar – Appellant
Versus
The Station House Officer Kadanmpuliyur Police Station – Respondent


Advocates:
For the Appellants/Petitioners: Mr.S.Marshall
For the Respondent:Mr.A.Gopinath Government Advocate (Crl.Side)

Table of Content
1. right to cross-examination (Para 4)
2. final ruling on petition (Para 5 , 6)

O R D E R

This Criminal Original Petition has been filed challenging the order dated 08.03.2023 passed in C.M.P.No.1429 of 2021 in C.C.No.200 of 2015 by the Judicial Magistrate No.II, Panruti, thereby dismissing the application filed by the petitioners under Section 311 of Cr.P.C. to recall P.Ws.1 to 3 for cross examination.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioners are the accused in C.C.No.200 of 2015.

At the time of chief examination of P.Ws. 1 to 3, the petitioner failed to cross examine them. Thereafter, the petitioners filed a petition in C.M.P.No.744 of 2020 seeking to recall P.Ws. 1 to 3. However, it was dismissed as not pressed. Thereafter, in the year 2021, the present petition was filed by the petitioners to recall P.Ws.1 to 3. However, it was dismissed by an order dated 08.03.2023.

4. Admittedly, the petitioners did not cross examine P.Ws.1 to 3 so far. The petitioners are facing trial for the offences under Sections 147, 148, 448, 294(b), 324 and506(2) of IPC and Section 326 of IPC. In order to give one

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