M A HALEEM Vs. COMMISSIONER SIRKALI MUNICIPALITY SIRKALI

JUDGEMENT

(1.) THIS revision case is by the accused. It appears a private complainthas been filed against the accused by Sirkali Municipality for an offencerelating to payment of house tax. After the prosecution witnesses were examined,the accused was questioned under Sec. 313, Crl.P.C. After that, the complainantfiled a petition under Sec. 311, Crl.P.C. for recalling one of the witnessesalready examined to give further evidence and to mark some documents throughhim. THIS petition was resisted by the accused. The trial court dismissed thepetition. Against that the complainant filed a revision before the SessionsJudge, Nagapattinam and the learned Sessions Judge allowed the revision anddirected the trial court to recall the witness to depose and mark documentssought to be filed by the complainant. It is against this order the presentrevision has been filed by the accused. On a reading of the petition filed underSec. 311, Crl.P.C, I find it is not clear as to why the witness is sought to berecalled and some documents are sought to be filed. It is stated therein thatfor the first time the defence has taken a plea that for the first time the taxhas been enhanced and there was no proper assessment of tax and therefore, somedocuments are necessary to be filed. I do not think that this is a reason at allfor invoking Sec. 311, Crl.P.C. THIS section is not intended for filling up anylacuna in the case of the prosecution. The prosecution should have anticipatedthe defence and let in all necessary evidence before the accused is questionedunder Sec. 313, Crl.P.C. It is not as if for any reason the prosecution was notin a position to file the said documents earlier. In these circumstances, thetrial court rightly dismissed the petition under Sec. 311, Crl.P.C. and thelearned Sessions Judge was in error in setting aside that order. Therefore, theimpugned order passed by the learned Sessions Judge is set aside and the orderpassed by the trial court is restored. Accordingly, the criminal revision caseis allowed.