M.N.SUMATHI Vs. STATE REPRESENTED BY

JUDGEMENT

(1.) This petition is filed seeking to set aside the order dated 14.03.2019 made in CMP.No.683/2018 in Special CC.No.05/2015 on the file of the Court of the Chief Judicial Magistrate at Tiruppur, wherein, the learned Trial Judge dismissed the petition filed under section 311 Cr.P.C., to recall the witnesses, viz., P.Ws.2, 6 and 7 for further cross-examination and P.Ws.10, 12, 13 and 14 respectively for cross-examination.

(2.) The petitioner is facing trial in the above Calendar Case for the offences under sections 120-B, 167, 409, 465, 467, 468, 471, 474, 477-A IPC read with section 13[2] read with 13[1][c] and 13[1], 13[1][d] of the Prevention of Corruption Act, 1988.

(3.) The learned counsel for the petitioner would submit that the petitioner is the sole accused facing trial for the commission of the above said offences in Special CC.No.5/2015. He would submit that due to non-availability of certain documents, the petitioner was not able to cross-examine P.Ws.2, 6 and 7 effectively and he has not cross-examined P.Ws.10, 12, 13 and 14, thereby filed a petition u/s.311 Cr.P.C., to recall P.Ws.2, 6 and 7, who were cross-examined on 16.08.2012 and 21.06.2013 respectively and also to recall P.Ws.10, 12, 13 and 14 who were examined in Chief on 21.11.2013. Learned counsel would further submit that the Trial Court, without taking into consideration the need for recalling the witnesses, had dismissed the petition on 14.03.2019, following the judgment of the Hon'ble Apex Court in Vinoth Kumar Vs. State of Punjab reported in 2015 [2] SCC [Crl.] 226 and thereby, the petitioner would pray that the said order of the Trial Court may be set aside and the petitioner may be permitted to recall the above witnesses for cross-examination.