E K PALANISAMY Vs. STATE

JUDGEMENT

(1.) This petitioner is the first accused in a case pending trial in C.C.No. 592 of 2007 for the offences under Sections 420, 419, 467, 468, 471, and 468 r/w 109 IPC. In CM.P.No. 3792 of 2011, the prosecution moved an application under Section 311 of Cr.P.C. for recall of P.W.1 in the case. In C.M.P.No. 3793 of 2011, the prosecution sought a direction to the Joint SubRegistrar-II, Erode, to produce the following documents, viz., a) Thumb Impression Register Volume No. 201 Page No:50, b) Thumb Impression Register Volume No. 201 Page No:84, c) Thumb Impression Register Volume No:16 Page No. 14; and to the Superintendent of Police (F.P.), Finger Print Bureau, Chennai-28, to produce the following documents, viz., a) All the Negatives of C.No. 54/FPB/P./2006 in respect of Thumb Impressions marked as 'D1', 'D2' and 'A' and b) the covering letter sent by the Police along with the Negatives and the Thumb Impression RegisteRs. Initially, the said applications were allowed on 11.08.2011. The same were challenged in Crl.R.C.Nos.1162 of 2011 and 1222 of 2011 respectively on the ground that the Court below had not recorded reasons. This Court, by orders dated 24.08.2011 and 06.09.2011, allowed the revisions and remanded the matter to the Court below directing it to proceed afresh and pass reasoned orders. Thereafter, the Court below has passed orders allowing the petitions under Section 311 and 91 Cr.P.C. Challenging the said orders, these revisions preferred.

(2.) Heard Mr.A.Ramesh, learned Senior Counsel for the petitioners and Mr.A.N.Thambidurai, learned Additional Public Prosecutor.

(3.) The case relates to alleged wrong-doings of the year 1999. The entire recording of evidence in the case stand concluded and the defence has also submitted its written arguments. At that stage, the petitions under Sections 91 and 311 were filed.