STATE OF SIKKIM Vs. SHRI PREM SINGH TAMANG S/O KALU SINGH TAMANG, SINGLING BUSTY, P.O. SORENG, WEST SIKKIM

JUDGEMENT

(1.) Assailing the legality and correctness of the order dated 01.08.2016 rendered by the Court of the Special Judge, Prevention of Corruption Act, East and North Sikkim at Gangtok, in Sessions Trial Case No. 02 of 2009 (Vig), where under and whereby the application filed by the prosecution under Section 311 of the Code of Criminal Procedure, 1973 (for short 'Cr. P.C.'), to recall PW-1, Mr. D.K. Pradhan, for re-examination was rejected, the instant petition under Section 482 Cr. P.C. is filed.

(2.) The facts in brief emanating from the pleadings are that a charge-sheet was filed against the respondents/accused for having committed an offence under Section 403/409/420/468/120B of Indian Penal Code (for short, 'IPC') and Section 13(2), 13(1)(d) of Prevention of Corruption Act, 1988 (for short, 'P.C. Act, 1988'). Allegedly, the sanction to prosecute accused No. 1 and accused No. 2 was obtained under the provisions of Section 197 Cr. P.C. read with Section 19 (1) (c) of P.C. Act, 1988. The said sanction order was issued by one Mr. D.K. Pradhan, the then Deputy Secretary (Confidential), Home Department, Government of Sikkim. During the trial, Mr. D.K. Pradhan was examined as PW-1 to prove the sanction order, Exhibit-2, in respect of first respondent/accused and Exhibit-3, in respect of second respondent/accused on 03.06.2015. Mr. D.K. Pradhan, PW-1 was also duly cross-examined by the defence advocates wherein he stated as under:-

(3.) The prosecution, it appears, being not satisfied with the statement made by Mr. D.K. Pradhan, PW-1, filed an application under Section 311 Cr. P.C. for re-examination of PW- 1, Mr. D.K. Pradhan on the following grounds:-