LAWS(MAD)-2019-4-907

T.K. VENGADASUBRAMANIYAM Vs. STATE OF TAMILNADU REP. BY THE DEPUTY SUPERINTENDENT OF POLICE VIGILANCE & ANTI-CORRUPTION DHARMAPURI

Decided On April 25, 2019
T.K. Vengadasubramaniyam Appellant
V/S
State Of Tamilnadu Rep. By The Deputy Superintendent Of Police Vigilance And Anti-Corruption Dharmapuri Respondents

JUDGEMENT

(1.) The Criminal Original Petition has been filed seeking to set aside the order passed by the learned Chief Judicial Magistrate, Dharmapuri, in Crl. MP. No. 244 of 2019 in Spl. C.C. No. 4 of 2012 dtd. 2/4/2019, dismissing the petition filed under Sec. 311 Cr.P.C., to recall the witnesses P.W.1, 3, 7 to 9, 18 and 19.

(2.) The petitioner had filed the petition under Sec. 311 Cr.P.C., seeking to recall the witnesses P.W.1, 3, 7 to 9, 18 and 19. He had stated that due to unavoidable circumstances, the petitioner was unable to cross examine the witnesses on the day of their examination in chief. The respondent had filed counter stating that the petitioner had not given sufficient reasons for recalling the above witnesses. The trial Court finding that the witnesses P.W.1 has been examined in chief on 6/5/2015, P.W.3 examined in chief on 12/6/2018, P.W.7 to 9 examined in chief on 11/10/2018, P.W.18 examined in chief on 14/2/2019 and P.W.19 examined in chief on 15/3/2019 and finding that the petition having been filed when the matter was posted for questioning under Sec. 313 Cr.P.C., had dismissed the petition in consonance with the mandate of the decision of the Hon'ble Apex Court in Vinod Kumar v. State of Punjab reported in AIR 2015 SC 1206.

(3.) The learned counsel for the petitioner would submit that though there had been certain lapses on the side of the petitioner in not cross examining the witnesses on the day of their examination in chief, the cross examination of the witnesses are crucial and the non cross examination of the above witnesses have a great bearing and essential to arrive at a just decision in the case and that if the petitioner is not allowed to recall and cross examine the witnesses, it will amount to a case of no defence, resulting in great prejudice to the petitioner/accused. He would submit that though the trial has been commenced on 6/5/2015, P.W.19 was examined by the prosecution only on 15/3/2019, almost after a period of four years and that out of the total 19 witnesses, the petitioner has cross examined the remaining witnesses on the same day of their examination in chief. He would further submit that the petitioner is facing serious charges of offences under the Prevention of Corruption Act and that in expedient interest of justice and in order to give a chance for fair trial, the petitioner may be granted permission to recall the witnesses and cross examine them on imposition of terms and costs.