S. PANDIYAN Vs. STATE

JUDGEMENT

(1.) This petition has been filed to set aside the order passed by the learned Chief Judicial Magistrate, Tirupur in CMP No.90 of 2019 dated 09.05.2019 in Special C.C.No.30 of 2014, dismissing the petition, filed under Sec.311 of Criminal Procedure Code.

(2.) The case of the petitioner is that he is an accused in Spl.C.C.No.30 of 2014 for the offence under Prevention of Corruption Act. The witnesses P.W.7 and P.W.8 have been examined in chief and due to illness of the counsel in the trial Court, the witnesses were unable to be cross-examined, thereby, the petitioner has filed C.M.P.No.90/2019 before the trial Court, seeking to recall the witnesses for cross-examination.

(3.) The respondent has filed counter before the trial Court stating that the petition is false, frivolous, vexatious and not maintainable either on law or facts. In the counter it has been stated that P.W.7 viz., Tmt.Karpagam Badragiri, retired Additional Director of Tamil Nadu Forensic Science Laboratory, Chennai was examined as P.W.7 on 16.11.2017 and cross-examined by the learned counsel for the petitioner and P.W.8 viz., Thiru.Unnikrishnan was examined in chief on 11.01.2018 and after lapse of one year, petition had been filed to recall the witnesses without mentioning any valid reason for the inordinate delay.