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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Vijayakumar, J
B.Faizal Khan – Appellant
Versus
State of Tamilnadu – Respondent
| Table of Content |
|---|
| 1. application under section 311 of cr.p.c. challenged. (Para 1 , 2 , 3) |
| 2. court allows recall of witnesses for cross-examination. (Para 4) |
| 3. final decision: petition allowed. (Para 5 , 6) |
ORDER
The present petition has been filed by the accused person in Spl.S.C.No.
14 of 2025 on the file of the Special Sessions Court for POCSO, Nagercoil, Kanyakumari District, challenging the order rejecting an application under Section 311 of Cr.P.C.
2. The petitioner herein had filed an application under Section 311 of Cr.P.C., to recall PW.16 to PW.19 for the purpose of cross examination. PW.16 and P.W.19 have been cross examined between 09.12.2025 and 30.12.2025. The present application has been filed on 09.01.2026. The trial Court has proceeded to dismiss the application on the ground that the petitioner has not chosen to cross examine the witnesses on the same day and the trial to be completed within a period of one year as mandated under the POCSO Act. Challenging the same, the present petition has been filed.
3. According to the learned Counsel appearing for the petitioner, the Counsel could not be present between 09.12.2025 and 30.12.2025, in view of certain difficulties expr
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