1. Aggrieved by the dismissal of his Cr.M.P.No.137 of 2016 filed under 311 Cr.P.C. on the file of learned Special Judge under the Prevention of Corruption Act Cases, Sivagangai, A2 has directed this revision.

2. A1 to A3 are being prosecuted in the said calender case for certain I.P.C. offences and also for certain white colour offence under Prevention of Corruption Act. The trial of the case is going on and number of witnesses were examined. Now, the I.O. is slated to enter the witness box.

3. At this juncture the said recall petition has been filed. It has been dismissed by the learned Special Judge on the ground that there is delay in recalling the P.Ws. and it is an attempt to derail the trial and it is also a time limit case.

4. The petitioner intends to cross-examine P.Ws.5, 7, 13, 43 and 57. Major portion of the impugned order is from a judgment of the Hon'ble Supreme Court judgment. Following of the decision of a superior Court is laudable. But misapplication of it is not laudable. Application of a case-law depends on the facts and circumstances of each case.

5. Fixing time limit for the disposal of a case has got its own advantage and disadvantage. Merit is the trial pr