Suresh @ Dhanasekar v. the Inspector of Police
Case brief
What is this about?
A single criminal original petition challenged the dismissal of an application under Section 311 Cr.P.C., which sought to recall prosecution witnesses for cross-examination after the accused had secured legal representation mid-trial. The High Court held that denying the accused the right to cross-examine witnesses with counsel violated their constitutional right to a fair trial. The order was mod
What did the court decide?
The impugned order dismissing the C.M.P. is modified to direct the trial court to recall prosecution witnesses P.Ws.1 to 4, 7, 8, 10, 13, 15, and 16 for cross-examination by the defence.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2013
CORAM:
THE HON'BLE MR.JUSTICE P.DEVADASS
Crl.O.P.No.21762 of 2013 and M.P.No.1 of 2013
Suresh @ Dhanasekar ...Petitioner
Vs
The State
rep. by Inspector of Police,
Sulur Police Station,
Coimbatore District. ...
Respondents
Prayer: Petition filed under Section 482 of the Criminal Procedure
Code to call for the records pertaining to the order dated
22.04.2013 made in C.M.P.No.33 of 2013 in S.C.No.66 of 2011 on the
file of the First Additional District and Sessions Court,
Coimbatore and set aside the same.
For Petitioner : Mr.N.Manoharan
For Respondents : Mr.C.Emalias
Addl. Public Prosecutor
ORDER
Aggrieved by the order of the learned I Additional Sessions Judge, Coimbatore, in dismissing his petition in C.M.P.No.33 of 2013 under Section 311 Cr.P.C., to recall the prosecution witnesses for cross-examination, the accused in SC.No.66 of 2011 has come forward with this petition under Section 482 Cr.P.C.
- The sole accused is being prosecuted in S.C.No.66 of 2011, for having alleged to have committed murder for gain. He is facing serious charges for offences under Section 451, 392, 302, 201 r/w 302 IPC. Thus, it includes capital charges also. Minimum is life imprisonment and maximum is taking away his life itself.
Issues for consideration
2 issues framed by the court
Whether the trial court erred in denying the accused the right to cross-examine prosecution witnesses after engaging defence counsel during the trial.
Whether recalling additional prosecution witnesses violates the principle against retrial or complies with the fair trial mandate under Section 311 Cr.P.C.
Parties & counsel
- petitioner
Suresh @ Dhanasekar
- respondent
The State
Coram
P. DEVADASS
Case details
As recorded by the court registry
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