JUDGMENT :

1) Petitioner has challenged order dated 29.01.2018 passed by Special Judge, Anticorruption, Srinagar, whereby the learned Special Judge has dismissed the application of petitioner for calling of record and for leading of evidence in defence.

2) Before coming to the impugned order, it would be necessary to give the background facts that have led to the filing of the instant petition.

3) FIR No.34/2007 for offences under Section 5(1) read 5(2) of Prevention of Corruption Act and Section 161 RPC came to be registered against the petitioner and after investigation of the case challan was laid before the Court of Special Judge, Anticorruption, Srinagar (hereinafter referred to as the trial court). After framing of charges against the petitioner on 12.06.2009, the prosecution led evidence in support of the charges whereafter statement of the petitioner under Section 342 of J&K Cr.P.C was recorded. The petitioner/accused sought time to produce evidence in defence and in the meanwhile filed an application before the learned trial court, wherein it was averred by the petitioner that he has come to know that complainant-PW(1) had sworn and filed an affidavit before the concerned aut