STATE Vs. TMT INDIRAKUMARI

JUDGEMENT

(1.) Crl. Revision Case Nos. 851 of 2003 and 852 of 2003 are directed against the order dated 13-6-2003, made in Crl. M.P. No. 527 of 2003 and 526 of 2003 respectively on the file of the XI Additional Special Judge, Chennai.

(2.) The prosecution had filed Crl. M.P. No. 526 of 2003 under Section 311, Code of Criminal Procedure praying that one Madappan, who was at the relevant time working as Industrial Co-operative Officer to be examined as additional witness. In Crl. M.P. No. 527 of 2003 the prosecution had prayed for examination of one Balasubramanian, cited as list witness No. 4 (L.W. 4) in the charge-sheet and one Pollachi Jayaraman, cited as list witness No. 124 (L.W. 124) in the charge-sheet and recalling of P.W. 8, Chenninathan. Both the petitions were opposed by the respondents/accused. By the impugned order dated 13-6-2003, the learned Special Judge dismissed both the petitions holding that the prosecution has filed these petitions to fill up the lacuna, belatedly and if the petitions are allowed, the accused will be prejudiced. Questioning the said order, the Additional Superintendent of Police, C.B. CID, Metro Wing, Chennai-2-complainant has preferred the above Revisions under Sections 397 and 401, Cr. P.C.

(3.) When the stay and vacate stay petitions came up for hearing, in view of urgency and in the light of the statutory provisions contained in the Prevention of Corruption Act, 1988, by consent of all the parties, both the Criminal Revision Cases are taken up for final disposal. BRIEF FACTS