This petition has been filed under Section 482 Cr.P.C., to set aside the order passed by the learned Special Judge, Vigilance and Anti-Corruption Cases, Chennai, in Crl.M.P.2277 of 2016 in C.C.No.1 of 2011 dated 19.12.2016 and to pass order to recall the witness P.W.2 for the purpose of further cross examination.
2. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the respondent.
3. The learned counsel for the petitioner would submit that by over sight, they have failed to put some important question to P.W.2, who is the complainant and further submitted that no prejudice would be caused to the prosecution if the said witness is recalled for cross examination.
4. The learned Additional Public Prosecutor has no serious objection in allowing the petition but however, he opposed the petition only on the ground that it has been filed only to drag on the proceedings.
5. Considering the submissions made on either side, even though the petitioner ought to have completed the cross examination during the opportunity given to him, this Court, in the interest of justice, grants one more opportunity to the petitioner to cross examine the witness P.W.2.
6. The learned Special Judge, Vigilance and Anti-Corruption Cases, Chennai, is directed to permit the petitioner to recall P.W.2 and to cross examine the said witness on the same day, when the witness is produced and if any adjournment is sought by the petitioner, the trial Court is at liberty to close the said evidence.
7. The Criminal Original Petition is allowed with the above directions and the order of the trial Court in Crl.M.P.No.2277 of 2016 in C.C.No.1 of 2011 dated 19.12.2016 is set aside.
01.03.2017 Index :Yes/No Internet: Yes/No DP
S.BASKARAN.J,
DP To
1. The Inspector of Police, Vigilance & Anti-Corruption, Chennai City-IV, Chennai.
2. The Public Prosecutor, Madras High Court, Chennai.
Crl.O.P.NO.4274 of 2017
01.03.2017
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