S.M.BASAVARAJU Vs. STATE

JUDGEMENT

(1.) The petitioner is before this Court calling in question an order dtd. 27/2/2023, passed in Spl.C.C.No.414/2018, by the LXXVII Additional City Civil and Sessions Judge and Special Judge, Bengaluru, whereby, the application filed by the petitioner under Sec. 311 of the Cr.P.C., seeking to recall the Investigating officer - PW.25, is rejected.

(2.) Heard Sri Hegde Shankar Purander, learned counsel for petitioner and Sri Venkatesh Arabatti, learned Special Counsel for the respondent.

(3.) The petitioner is the accused in Spl.C.C.No.414/2018, registered for the offences punishable under Sec. 13(1)(e) r/w. 13(2) of the Prevention of Corruption Act, 1988. The issue in the lis does not concern the merit of the matter. In the said proceedings, the petitioner files an application invoking Sec. 311 of the Cr.P.C., seeking to recall the Investigating Officer for further cross-examination. The concerned Court in terms of the impugned order rejects the application on the score that the petitioner was granted reasonable time to cross-examine the Investigating Officer and has not completed the same despite granting seven adjournments. On this ground, the application is turned down.