RAMESH Vs. STATE

JUDGEMENT

(1.) This Original Petition has been filed seeking to set aside the order passed by the learned Chief Judicial Magistrate/Special Judge, Erode in Cr.M.P. No. 2941 of 2019 in Spl. C.C. No. 23 of 2015 dtd. 16/4/2019, dismissing the petition filed under Sec. 311 of Cr.P.C., to recall and cross examine the witnesses PWs.2 to 4, PWs.7 and 9.

(2.) The petitioner is the sole accused, facing trial for the offences under Ss. 7 and 13(2) r/w 13(1) (d) of the Prevention of Corruption Act in Spl.C.C. No. 23 of 2015 on the file of the learned Chief Judicial Magistrate/Special Judge, Erode. During the course of the trial, the petitioner had not cross examined PWs.2 to 4, PW.7 and PW.9, thereby, petition had been filed seeking to recall and cross examine the witnesses on the ground that due to non availability of Adangal extract.

(3.) The respondent had filed a counter stating that the petitioner did not choose to cross examine the witnesses on the day of their examination in chief and that no specific reason had been assailed for recalling the witnesses and thereby, sought for dismissal of the petition.