RUDRAVANNIYAN Vs. STATE

JUDGEMENT

(1.) Challenging the order passed by the learned Chief Judicial Magistrate / Special Judge, Cuddalore, Cuddalore District in Crl.M.P.No.559 of 2023 in Spl.Case No.20 of 2020 dtd. 15/2/2023 which dismisses a petition filed by the petitioner under Sec. 311 Cr.P.C. seeking to recall PW2 for cross examination, the present Criminal Original Petition has been filed by A3.

(2.) The petitioner/A3 is facing trial in Spl.Case No.20 of 2020 on the file of the Chief Judicial Magistrate / Special Judge, Cuddalore, Cuddalore District for the offences punishable under Ss. 7, 12 read with 7 of the Prevention of Corruption Act, 1988 as amended by the Prevention of Corruption (Amendment) Act, 2018. He is alleged to have received bribe amount at the time of trap on behalf of the Government Servants. During trial, when PW2 was examined on 1/7/2022, it appears that the petitioner had filed an Application seeking to recall him for cross examination, contending that since petitioner did not engage a counsel by then, he was unable to examine the witness on 1/7/2022 and thereby he had to file the Application under Sec. 311 of Cr.P.C. on 12/1/2023, which came to be dismissed by the Trial Judge.

(3.) While admitting that there are some lapses on the part of the petitioner, learned counsel for the petitioner would submit that to establish the case of the defence, one more opportunity may be provided to recall and cross examine PW2. He would also submit that as on date, the case stands posted for examination of PW8 and in such circumstances, if the court grants an accommodation, the petitioner would cross examine PW2 on a date to be fixed, without fail