- (1.) The petitioner filed the present petition challenging the legality and validity of the order passed below exh.91 by Learned Special Judge Rajkot in Special Case No. 10 of 1995 dated 11.9. 2007,in recalling the prosecution witness original Complainant in a matter arising from the Prevention of Corruption Act. Brief facts of this petition are as under :-
(2.) The petitioner are arraigned as accused in the Special Case No. 10 of 1995 which has resulted on account of complaint filed by one Shri Jagjivan Ramjibhai Chavda for the commission offences made punishable under sections 7,12, 13(2) of the Prevention of Corruption Act (hereinafter referred to as the 'Act'). The investigation culminated into the filing of charge-sheet against present petitioners and during the course of the Sessions trial, the complainant (Prosecution witness No.2- 'PW-2') was examined. Examination- in- chief of PW-2 was concluded on 9.4.2007 and as the learned advocate for the accused was permitted time for cross examination that was over on 16.4.2007.
(3.) An application in this trial appears to have been moved for recalling the witness for the purpose of section 154 of the Indian Evidence Act (hereinafter referred to as 'the Evidence Act'), being an application below exh.91 on dated 16/8/2007 on adverting the contentions of both the sides, the learned Special Judge allowed the said application by the impugned order which is under challenged before this court in this petition moved under section 482 of Code Criminal Procedure.;