SHANMUGAM Vs. STATE

JUDGEMENT

(1.) The Petitioner who is arrayed as A2 in Special Case No. 3 of 2005 on the file of the Special Judge cum Chief Judicial Magistrate, Thanjavur at Kumbakonam, has come forward with the present application to set aside the order dated 19.07.2011 made in Cr.M.P. No. 655 of 2011, dismissing the application filed under Section 311 Code of Criminal Procedure., for recalling the witness P.W. 3.

(2.) The Learned Counsel appearing for the Petitioner/A2 would submit that the Petitioner was charged under Sections 7 and 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988. He would further submit that even though all the witnesses were examined, he has not cross-examined P.W. 3 Kannan and hence, he has filed a petition in Cr.M.P. No. 655 of 2011 before the Special Court, for recalling the witness P.W. 3., but, the learned Special Judge has dismissed the application stating that the Chief examination of P.W. 3 has been done on 06.04.2006 and he was cross examined on 21.01.2008 by A1 and the above petition has been filed only on 19.07.2011 and there is a delay in filing the application. Against the said order, the present application has been filed by the Petitioner.

(3.) Heard the learned Government Advocate (criminal side).