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Madras High CourtCRL OP/3810/2023allowed

V.S.Sivaprasad v. The State Rep By Its,

2023-03-03Honourable Mrs Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2023

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.3810 of 2023 V.S. Sivaprasad ... Petitioner Vs.

The State represented by, Inspector of Police, Special Investigation Cell Vigilance and Anti-Corruption Wing Crime No. 31/Ac/09/HQ Chennai - 600 035.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to set aside the order passed by the Learned Special Judge for cases under Prevention of Corruption Act, Chennai and recall P.W.2, P.W.4, P.W.6, P.W.7 and P.W.8 dated 23.01.2022 in Crl.M.P.No.37 of 2022 in C.C.01 of 2012 and pass orders.

For Petitioner : M/s P. Divakar for Mr.R. JohnSathyan For Respondent : Mr.A. Gokula Krishnan Additional Government Pleader 1/6

O R D E R

This Criminal Original Petition has been filed to set aside the order passed by the Learned Special Judge for cases under Prevention of Corruption Act, Chennai and recall PW.2, PW.4, PW.6, PW.7 and PW.8 dated 23.01.2022 in Crl.M.P.No.37 of 2022 in C.C.01 of 2012. 2.The case of the prosecution is that the petitioner worked as Section Officer in Institute of Distance Education, Admission-II Section, University of Madras, Chennai-5 from September 2008 till 24.07.2009. Whileso one Mrs. Rajeswari- P.W.3 W/o Dhanapalan remitted the necessary fees for getting provisional and Degree certificates. Thereafter, the said Danapalan met the petitioner/Accused at his office to get the certificate and the Petitioner/accused demanded an amount of Rs.

500/- from him as illegal gratification for the issuance of said certificate and directed him to bring the amount on 24.07.2009. Subsequently on 24.07.2009 the petitioner/accused reiterated his earlier demand of Rs.500/- from Dhanapalan ( P.W.1) in the presence of the official witness one Mr.

means and by abusing official position as " Public Servant obtained a sum of Rs.500/- from the witness Dhanapalan. Hence the petitioner who is public servant is punishable under Section 13(2) read with 13(1) (d) of the Prevention of Corruption Act, 1988. Hence the case.

3. The learned counsel for the petitioner submits that he wants to recall P.W.1 to P.W.7, therefore the petitioner filed a petition in Crl.M.P.No.419 of 2017 on 21.02.2017 to recall P.W.1 to P.W.7 before the learned Special Judge for cases under Prevention of Corruption Act, Chennai and the learned Judge was pleased to allow the petition vide an order dated 06.03.2017. Since the petition for discharge was being heard at length, the learned counsel for the petitioner is unable to execute the order passed on 06.03.2017 in Crl.M.P.No.419 of 2017. Again, the petitioner has filed the Crl.M.P.No.1712 of 2019 to recall the witness and the same was dismissed vide order dated 13.03.2020. Hence he prays this Court to allow this petition. 4.The learned Additional Public Prosecutor raised objection by stating that already the petitioner has filed a petition to recall P.W.1 to P.W.7 in Crl.M.P.No.419 of 2017 on 21.02.2017 before the Learned Special Judge 3/6

for cases under Prevention of Corruption Act, Chennai and the learned Judge was pleased to allow the petition vide order dated 06.03.2017. Inspite of the same, the learned counsel appearing for the petitioner has not crossexamined the witness and the cross examination of the witness was closed. Again, the petitioner has filed the Crl.M.P.No.1712 of 2019 to recall the witness and the same was dismissed vide order dated 13.03.2020. However, in order to circumvent the said order taking advantage of the fact that PW.8 the investigation officer was examined as Additional witness and through him the documents were marked. Hence he prays this Court to dismiss this petition.

5. Heard both sides and perused the materials available on record.

6. Considering the facts of the case it is made clear that inspite of the opportunity has been granted to the learned counsel for the petitioner in Crl.M.P.No.419 of 2017 on 21.02.2017 to recall P.W.2,P.W.3,P.W.4,P.W.5 and P.W.7 , since the petition for discharge was being heard at length, the learned counsel for the petitioner was unable to execute the order passed in Crl.M.P.No.419 of 2017 dated 21.02.2017 and another petition filed by the 4/6

petitioner in Crl.M.P.No.1712 of 2019 to re-call P.W.2, P.W.3,P.W.4,P.W.6 and P.W.7 was dismissed, this Court is inclined to allow this petition and set aside the order passed by the learned Judge in Crl.M.P.37 of 222 in C.C.No.01 of 2012.

7. Accordingly this petition is allowed and the learned Trial Judge is directed to complete the Trial as expeditiously as possible. 03.03.2023 Speaking Order/Non-speaking Order Index :Yes/No smn To.

The Inspector of Police, Special Investigation Cell Vigilance and Anti-Corruption Wing Crime No. 31/Ac/09/HQ Chennai - 600 035

2. The Public Prosecutor, High Court of Madras.

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T.V.THAMILSELVI,J.

smn Crl.O.P.No.3810 of 2023 03.03.2023 6/6