ABDUL HAKKEEM U. Vs. STATE OF KERALA

JUDGEMENT

(1.) Annexure A2 order passed by the Enquiry Commissioner and Special Judge, Thrissur (for short, 'the court below') dismissing an application to recall PW1 and PW13 is under challenge.

(2.) The petitioner is the accused. He faces trial for the offences punishable under Sec. 7, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988.

(3.) The examination of the prosecution witness is over. PW1 is the defacto complainant. PW13 is the investigating officer. The petitioner filed Crl.M.A. No.499/2023 to recall PW1 and PW13 on the ground that he omitted to put question regarding certain omissions in the statement of PW1 recorded under Sec. 161 of Cr.P.C while he was examined. It is for that limited purpose, the recalling of PW1 as well as PW13 was sought. The court below after hearing both sides dismissed the same as per Annexure A2 order.