K. KUMARASWAMY Vs. STATE, ACB

JUDGEMENT

(1.) The present Criminal Petition is filed by the petitioner/ Accused Officer, under Section 482 of Cr.P.C., seeking to quash the order, dated 05.11.2019 passed in Crl.M.P.No.529 of 2019 in C.C.No.36 of 2015 on the file of the Special Judge under the Prevention of Corruption Act for Speedy Trial of the Cases of Embezzlement of Scholarship Amounts in Social Welfare Department etc., Nampally, Hyderabad, wherein and whereunder, the petition filed under Section 311 of Cr.P.C. to recall P.Ws.1 and 2 for further cross-examination was dismissed.

(2.) The averments in the petition would show that the petitioner/Accused Officer was charged for the offences punishable under Sections 7 and 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988. It is stated that previously the petitioner had engaged one Sharma, Senior Advocate from Khammam, to defend his case and he conducted cross-examination of P.Ws.1 and 2 and later he died pending further trial. Thereafter, the petitioner/Accused Officer engaged another Counsel to defend his case. Recently, it came to the knowledge of the petitioner that due to oversight, his previous Counsel had omitted to elicit material and crucial information with regard to this case apart from failing to put defence version to P.Ws.1 and 2 during their cross-examination. As such, the petitioner/Accused Officer filed Crl.M.P.No.529 of 2019, under Section 311 Cr.P.C. to recall P.Ws.1 and 2 for their further cross-examination. The respondent filed Counter stating that P.Ws.1 and 2 were already cross-examined at length, all the material aspects were brought on record and no such crucial aspects were left out by the defence Counsel and that the present petition is filed only to delay the process. After considering the rival submissions, the trial Court dismissed the said petition. Aggrieved by the same, the present Criminal Petition is filed.

(3.) Heard learned Counsel for the petitioner/Accused Officer, learned Special Public Prosecutor for ACB Cases, and perused the record.