G.RAMAKRISHNAN Vs. STATE

JUDGEMENT

(1.) The petitioner herein facing trial for the alleged demand of Rs.1,000.00 and receipt of same on 26/7/2013 as illegal gratification, when the defacto complainant sought financial assistance under the scheme of Farmer Protection for his son's marriage.

(2.) The prosecution, on completion of investigation, has filed a final report and examination of witnesses was commenced on 11/4/2017. The prosecution has closed their side of examining the witnesses. After completing the examination of Investigating Officer as PW.8, on 4/7/2023, the trial Court has adjourned the matter for questioning under Sec. 313 of Cr.P.C., regarding incriminating evidence against the accused. Thereafter, the petitioner/accused has filed an application under Sec. 311 of Cr.P.C, on 1/8/2023. After considering the contention raised by the petitioner and the public prosecutor, the trial Court has dismissed the petition to recall the witnesses PW.1, PW.2, PW.3 , PW.7 and PW.8 on the ground that it is a dilative tactics adopted by the petitioner herein to protract the proceedings. Having cross examined his witnesses in depth, the petition to recall without assigning any reason been filed and recalling the witnesses is not the matter of right, but it must be supported by reasoning that failure of justice will occur if the witness/es not recalled.

(3.) Being aggrieved, the present Criminal Original Petition is filed by the petitioner.