P. SHRI SANTHAJI Vs. A. RAJAGOPAL

JUDGEMENT

(1.) The accused in C.C. No. 2 of 2009 on the file of the learned Chief Judicial Magistrate, Virudhunagar at Srivilliputhur having aggrieved by the dismissal of his recall petition filed under Sec. 311 Crimial P.C. in Cr.M.P. No. 4498 of 2015 has directed this revision.

(2.) With regard to certain occurrence took place on 05.02.2008, in the Court Hall of the learned Judicial Magistrate No. II, Srivilliputhur, PW1, an Advocate filed a private complaint under Sec. 200 Crimial P.C. against the revision petitioner, alleging commission of an offence under Sec. 500 IPC. He has engaged PW2, an Advocate of Srivilliputhur Bar to prosecute the revision petitioner. PWs.3 and 4, who are members of the same bar were examined as occurrence witnesses. So also PW5, the then Presiding Officer of the Court. On 18.04.2011, PW5 has also been cross-examined. Thereafter the case has crossed several stages and hurdles. At last, it is on its last leg of journey, namely, judgment stage.

(3.) At this stage, the accused filed Cr.M.P.No.4498 of 2015 to recall PW5. On 18.03.2016, the Trial Court delivered a lengthy order, dismissing the recall petition, holding that relevant details for exercising the discretionary power under Sec. 311 Crimial P.C. has not been given and it is an attempt to drag on the trial proceedings.