SRI. STANLY KIRTHIRAJ Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question the proceedings in C.C.No.13318/2012 registered for offences punishable under Ss. 408, 468 and 420 of IPC.

(2.) Heard the learned counsel Smt.Elangovan K., appearing for the petitioner and the learned HCGP Sri.Harish Ganapathi, appearing for the respondent.

(3.) The petitioner - accused No.1 gets embroiled in a crime in Crime No.40/2009, registered for offences punishable under Ss. 408, 468 and 420 of the IPC for it having been registered on 24/2/2009. The issue in the lis does not concern the merit or the proceeding before the concerned Court. The police after investigation filed a charge sheet for the afore-quoted offences. The concerned Court, frames charges on 3/3/2016 and evidence of CW.1 gets completed as PW.1 on 24/3/2016. PW2 is examined on 23/2/2017. Six years thereafter, petitioner on 18/12/2023, files an application under Sec. 311 of the Cr.P.C., seeking to recall PW.2 for further cross-examination. The Court rejects it, on the score that the matter is an advance stage and the application being filed after six years of the cross-examination getting over, is misuse of the law.