SHARADA PATALI Vs. DIRECTORATE OF ENFORECEMENT

JUDGEMENT

(1.) Crl.P.Nos.2927/2023, 2848/2023, 2931/2023 and 3101/2023, all these four petitions are filed by the petitioner/accused No.2 under Sec. 482 of Cr.P.C for setting aside the order passed by the Special Judge, Dakshina Kannada, Mangaluru for having rejected the application filed by the petitioner under Sec. 311 Cr.P.C. in Special Case No.128/2016 dtd. 10/3/2023 for summoning the defense witnesses and also recalling the accused/DW3 and other witnesses for the purpose of further evidence, as per the list of witnesses furnished by the defence.

(2.) Heard the argument of learned counsel for the petitioner and learned counsel for respondent counsel.

(3.) The learned counsel for petitioner has contended that the petitioner is facing trial before the special court of the proceeding initiated by the Enforcement Directorate (ED) against the petitioner. After examination of the prosecution witnesses the statement of the accused was recorded, thereafter, the accused filed list of 15 witnesses and he himself was examined as DW3 and examined total 16 witnesses and some of the witnesses mentioned in the witness list were not preset, therefore it is necessary for him to summon those witnesses to prove his defence.