IMPORTANT POINTS
1. The true test while dealing with an application for recalling a witness under Section 311 of Cr. P.C is that, whether it appears to the Court that the evidence of such person who is sought to be recalled is essential to the just decision of the case.

JUDGMENT :

Dhananjaya Y Chandrachud, J.

1. Leave granted.

2. These appeals arise out of a judgment and order of a learned Single Judge of the High Court of Judicature at Madras dated 24 June 2019.

3. The appellant is the State represented by the Deputy Superintendent of Police, Vigilance and Anti-Corruption, Chennai City–IV. On 13 July 2010, FIR No 14 of 2010 was registered against the respondent (Accused No 1) and another accused (who has since passed away) under the Prevention of Corruption Act, 1988¹[“PC Act”]. The respondent was a Chief Engineer in the Tamil Nadu Generation and Distribution Company Limited²[“TANGEDCO”]. It is alleged that he demanded a bribe for revoking the suspension of an employee. On 28 June 2011, the Chairman -cum -Managing Director of TANGEDCO accorded sanction to prosecute the respondent and the co-accused under the PC Act. On behalf of the appellant, it has been urged that this sanction was accorded by the Chairman on behalf of the Board of TANGEDCO.

4. On the completion of the investigation, the investigating officer filed a final report under Section 173(2) of the Code of Criminal Procedure 1973 ³ [“CrPC”] on 27 July 2011 against the respondent and the co-accused under Sections 7, 12 and 13(2) read with Section 13(1)(d) of the PC Act. During the trial in CC No. 9 of 2011, the prosecution examined witnesses PW-1 to PW-12, and through them marked Exhibits P-1 to P-11 and MO-1 to MO-10.

5. Insofar as it is material for this matter, it is necessary to note that PW-1, the Chairman of TANGEDCO, was examined in-Chief on 6 June 2013. PW-1 was cross-examined by the respondent on 18 March 2014, and was re-called on 17 July 2014 at the behest of the co-accused for further cross-examination. The examination in-Chief of PW-11, the Deputy Superintendent of Police, was recorded on 1 February 2017. Thereafter, he was cross-examined on 13 February 2017, and subsequently re-called and cross-examined again on 27 February 2017. The evidence from the prosecution’s side was closed on 31 October 2017, and the case was posted for final arguments.

6. The arguments on behalf of the prosecution commenced on 7 December 2017. The arguments of the defense commenced on 16 December 2017, and concluded on 16 February 2018. The case was posted for the final submissions of the prosecution on 27 February 2018, and appears to have been adjourned on thirty-three until 26 October 2018. In the meantime, the presiding officer was transferred on 25 June 2018, as a result of which the arguments could not be finally concluded. Even after 26 October 2018, the case was adjourned on thirty-five occasions, following which it was posted on 11 March 2019 for the prosecution to submit its written arguments.

7. However, on 11 February 2019, the prosecution filed Criminal MP Nos 224 and 225 of 2019 under Section 311 of CrPC for recalling PWs 1 and 11, to enable the appellant to mark as an exhibit in evidence, the approval dated 26 June 2011 of the Board of TANGEDCO for sanctioning the prosecution of the respondent and the co-accused. The respondent opposed these applications. The Trial Judge passed an order dated 19 February 2019 by which the applications under Section 311 were dismissed.

8. The prosecution thereafter filed Criminal OP Nos 7694 and 7816 of 2019 under Section 482 of CrPC before the High Court challenging this order. These have been dismissed by the High Court by the impugned order dated 24 June 2019. After noting the earlier evidence of PWs 1 and 11, the High Court held that the applications had been filed by the prosecution belatedly. The appellant has, thus, travelled to this Court.

9. On 9 July 2020, this Court passed the following order, interalia, condoning the delay and recording the submissions urged on behalf of the appellant:

“1 Delay condoned.

2. Mr M Yogesh Kanna, appearing on behalf of the petitioner submits that Annexure P-4 to the Special Leave Petition, which is the order of sanction dated 28 June 2011, has been marked as Exhibit