S. KUMAR Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed challenging the order passed by the Court below dismissing the application filed under Section 311 of Cr.P.C., to recall PW-1 to PW-24 and PW-27 to PW-30 for cross examination.

(2.) The petitioner along with others is facing trial before the Court below for an offence under Section 120(b), 420, r/w 34, 406, 506(i) IPC and Section 4 r/w 76 of the Chit Fund Act, 1982. The prosecution had examined nearly 30 witnesses and none of these witnesses were cross examined on the side of the petitioner.

(3.) The petitioner along with the other accused persons filed a petition to recall almost all the witnesses for cross examination and the same was dismissed by the Court below on the ground that the petitioner was given sufficient opportunity and inspite of the same none of the witnesses were cross examined. The Court below also found that the petitioner along with the other accused persons is intentionally dragging the proceedings which commenced in the year 2015.