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Judgment
Sunder Mohan, J
The petitioner seeks to set aside the impugned order dated 24.10.2024 passed in Crl.M.P.No.504 of 2024 in S.C.No.93 of 2021 on the file of the learned Sessions Judge, Fast Track Mahila Court, Theni, dismissing the petition for the recall of P.W.1.
2.The learned counsel for the petitioner would submit that the petitioner, who is arrayed as A5, is facing trial for the offences under Sections 449, 376(2)(n), 376(d), 506(1) of IPC and Sections 67 and 67(A) of IT Act; that this Court had permitted the recall of PW.1 on the petition filed by one Muthusivakarthick, who was arrayed as A1; that the case is posted for the cross-examination of P.W1 by the said accused on 27.11.2025; that therefore, as and when the witness appears for the purpose of cross-examination by A1, the petitioner shall also be permitted to cross-examine the said witness on the same day.
3.The learned Additional Public Prosecutor, on instructions, would submit that this Court had earlier permitted the recall of P.W1 at the instance of A1 in Crl.O.P(MD) No.17022 of 2025 and that the case is now posted tomorrow for cross-examination of P.W.1.
4.In view of the above, the impugned order dated 24.10.2024, passed in Crl.M.P.No.504 of 2024 in S.C.NO. 93/2021, on the file of the Fast Track Mahila Court, Theni, is set aside and the petitioner shall be permitted to cross-examine P.W1, as and when she is produced for cross-examination by A1. The petitioner shall pay a cost of Rs.3,000/- to the witness. However, the petitioner shall not seek any adjourment and shall cross-examine the witness on the same day, unless the learned Judge decides to adjourn the case for any reason. Accordingly, this Criminal Original Petition is allowed.