A SENTHILKUMAR Vs. INSPECTOR OF POLICE CBI

JUDGEMENT

(1.) The petitioners herein are the accused 6 to 10 in C.C.No.8 of 2011 on the file of the learned II Additional Sessions Judge-Special Judge for CBI cases, Coimbatore.

(2.) It is contended that the petitioners along with the accused are facing charges for offence under Section 420, 467, 468, 471 & 472 IPC and Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988. During the course of trial, the petitioners herein had adopted cross examination along with the other accused in respect of PWs.16, 17 and 27. Presently the matter was posted for questioning under Section 313 of Cr.P.C. Now it is found that some questions ought to have been put to these witnesses on behalf of the petitioners to bring out their defence. Hence, though application under Section 311 Cr.P.C praying to recall PWs. 16, 17, 27 and 28 was filed. The Trial Court has dismissed the application. Hence, the present petition under Section 482 of Cr.P.C is filed by the petitioners.

(3.) Heard the learned counsel for the petitioners and perused the petition. The Trial Court has dismissed the petition filed under Section 311 of Cr.P.C on the ground that PW.16 [Tamilselvan] was examined on 30.01.2015, PW.17 [Suresh Kumar] was examined on 03.02.2015, PW.27 [Arul Selvi] was examined on 26.01.2015 and PW.28 was examined on 27.03.2015. The accused/A1 to A4 have filed petition to recall the witnesses and same was allowed and the opportunity given for cross examination of PWs. 16, 17 and 27 was availed by the accused/A1 to A4. At that time, these petitioners, who were arrayed as accused 6 to 10 had stated that the cross examination by A1 to A4 is adopted by them. Thus, having afforded an opportunity to cross examine PWs. 16, 17 and 27 and the same been availed by the accused persons and adopted the cross examination done on behalf of the accused A1 to A4, there is no necessity, again to afford an opportunity to cross examine these witnesses.