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2023 Supreme(Online)(MAD) 22484

HIGH COURT OF MADRAS
Hon`ble Mr Justice G.K. ILANTHIRAIYAN
K.SIVAMANI – Appellant
Versus
STATE REP.BY ITS – Respondent


COMMON ORDER

These criminal original petitions have been filed challenging the orders passed by The Special Judge, Special Court for cases under the Prevention of Corruption Act, Chennai, thereby dismissed the applications filed by the petitioner to recall PW1 in Crl. M.P. No.540 of 2023 and to recall PW32 and PW33 in Crl. M.P. No.893 of 2023 in C.C. No.6 of 2016 on the file of the trial Court.

2. Heard Mr. Pachiappan, learned counsel appearing for the petitioner and Mr. C.E. Pratap, learned Government Advocate (Crl. Side)

appearing for the respondent.

3. There are totally 6 accused and they are charged for the offences under Sections 13(1)(d), 13(2) of Prevention of Corruption Act r/w Section 109 of IPC. The prosecution had examined 32 witnesses and marked 54 documents. The evidence on the side of prosecution was closed in the month of March 2023. After questioning the accused U/s.313 of Cr.P.C and at the stage of hearing the arguments, petitioner had filed petition in Crl. M.P. No.540 of 2023 and Crl. M.P. No.893 of 2023 to recall PW1, PW31 and PW32, however, both the petitions were dismissed by the trial Court.

4. It is seen that, PW1 is the sanctioning authority. During his cross ex

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