ASHUTOSH VERMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Being aggrieved by order dated 20th July 2021 passed by the Special Judge, Prevention of Corruption Act, 1988, Chhatarpur in Special Case No.10/2015, the petitioner has preferred the present petition.

(2.) Vide impugned order, the learned Trial Court has allowed the application of the prosecution/respondent herein to recall the complainant to recognize and prove his voice along with the voice of the complainant recorded during the alleged demand of illegal gratification. The C.D. of recorded conversation was produced and proved during the examination of the complainant but it was not played in the Court during his statement. Considering that playing the C.D. was very much necessary to prove its contents and to identify the voices of the conversator, the prosecution filed an application under Section 311, Cr.P.C for recalling, re-examining the complainant.

(3.) The objection of the petitioner is that after facing a trial and after completion of evidence in the last 5-6 years, the trial Court heard the final arguments and posted the case for declaration of judgment. At this stage, the prosecution filed the application for recalling of the complainant which is not maintainable. Further contention of the petitioner is that the application has been filed to fill-up the lacuna by producing an altogether new evidence, which is not permissible in law; that too, at the feg end of the Trial. Therefore, the Trial Court has erred in allowing the application. The petitioner seeks quashment of the impugned order.