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2021 Supreme(Mad) 457

A.D.JAGADISH CHANDIRA
A. K. Alva – Appellant
Versus
State, Represented by Inspector of police, CBI/BS & FC/BLR-RC 1(E)/07, Bangalore – Respondent


Advocates Appeared:
For the Petitioner:R. John Sathyan, Advocate.
For the Respondent: K. Srinivasan, Special Public Prosecutor for CBI Cases.

JUDGMENT :-

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., seeking to set aside the order dated 18.12.2020 in Crl.M.P.No.8168 of 2019 in C.C.No.32 of 2008 in the Court of the XI Additional Sessions Judge for CBI Cases (Banks & Financial Institutions), Chennai - 600 001 in BS & FC-BLR RC 1(E)/07 on the file of the respondent, pending disposal of the original petition.)

(The case has been heard through video conference)

1. This petition has been filed seeking to set aside the order dated 18.12.2020 in Crl.M.P.No.8168 of 2019 in C.C.No.32 of 2008 passed by the XI Additional Sessions Judge for CBI Cases (Banks & Financial Institutions) dismissing the petition filed under Section 311 to recall the witnesses for cross examination.

2. The learned Counsel for the petitioner would submit that the petitioner had filed a petition in Crl.M.P.No.5108 of 2016 to add P.W.2 (Smt.C.S.Narayani) as an accused in C.C.No.32 of 2008 since, the charges against the P.W.2 and the petitioner were one and the same before the departmental proceedings, whereas, the petitioner was made as a scape goat and the P.W.2 was exonerated in the departmental proceedings. Based on the outcome of the

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