MAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS judgment shall dispose of Cr. MMO Nos. 137, 138, 139 and 140 of 2011 as common question is involved in all the petitions. The Petitioner is facing four trials under Sections 409, 420, 468, 471, 477 -A Indian Penal Code and under Section 13(2) of Prevention of Corruption Act. The trials are pending before Additional Sessions Judge (exercising the powers of Special Judge under the Prevention of Corruption Act), Mandi. The Petitioner was earlier convicted in all the cases. The Petitioner filed Criminal Appeal Nos. 30,31, 32 and33 of 2005 in this Court which were allowed on 18.03.2011 and the cases were remanded to the Trial Court with the direction to re -write the judgment afresh in all the four cases separately after hearing parties. It was also observed that in case the parties or either of them makes an application, for additional evidence that would be decided before disposing of the cases finally.

(2.) THE Petitioner filed application under Section 311 Code of Criminal Procedure in each case for recalling witnesses examined by the prosecution. It has been stated in the applications that during the course of the trial, the State did not produce in the Court the duplicate actual payment receipts which were allegedly taken vide memo Ex. DW1/B by Vigilance Department. This has caused prejudice to the Petitioner inasmuch as he could not confront the Drawing and Disbursing Officer as well as Divisional Commissioner and other witnesses with the said documents. A prayer has been made in each application that State may be directed to produce all duplicate actual payment receipts in the Court and all witnesses may be allowed to be re -examined. The Additional Sessions Judge dismissed the applications in all the four cases by separate orders dated 16.07.2011 which have been assailed by the Petitioner in each petition.

(3.) THE applications are vague. A prayer has been made in the applications to recall all witnesses. It has been stated at Bar by the learned Counsel for the Petitioner that the prosecution has examined witnesses more than 20 in each case and the evidence in the trial Court was recorded around the years 2002 to 2004. The appeals were earlier filed in the High Court in the year 2005. The applications of the present nature were neither filed in the trial Court nor in the High Court when the Criminal Appeal Nos. 30,31,32 and 33 of 2005 were pending in the High Court.