Shivakant Prasad, J. - (1.) Being aggrieved by the order dated 18th May, 2017 passed by the learned Special Judge, 1st Court, Hooghly in Special Case No. 2 of 2015, arising out of Mogia Police Station Case No. 316 of 2014 dated 20.08.2014 under Section 7 of the Prevention of Corruption Act, 1988, rejecting thereby the prayer of the Public Prosecutor incharge to recall the prosecution witness PW 1, the petitioner has preferred this application under Section 482 of Cr.P.C. read with Article 227 of the Constitution of India.
(2.) Shorn of unnecessary details, the petitioner's case is that he runs a business unit under the name and style of "Shyama Ma Moulders" who approached the opposite party no. 2 the then Manager of Allahabad Bank, Adisaptagarm Branch, Hooghly in 2014 and applied for the loan under the Government Scheme "PMEGP" but the said Manager demanded some illegal gratification for sanction of the aforesaid loan. In order to get the loan the petitioner paid a further sum of Rs. 25,000/- of 50 numbers of 500 denominations of old currency on 20.8.2014 but the Manager declined to sanction the loan. So, the petitioner lodged a written complaint against the opposite party no. 2 on 20.8.2014 and Mogra Police Station Case No. 316 of 2014 dated 20.8.2014 under Section 7 of the Prevention of Corruption Act, 1988 was registered for investigation.
(3.) It is submitted that while in police custody, pursuant to the statement of opposite party no. 2, police seized documents during investigation and on completion of investigation, the I.O. submitted Charge-sheet being C.S. No. 73 of 2015 dated 20.3.2015 under Section 7 of the Prevention of Corruption Act, 1988 against the opposite party no. 2. Charge under Section 7 of the Prevention of Corruption Act, 1988 was framed against the opposite party no. 2 on 01.12.2015 to which he abjured his guilt and claimed a trial. During trial, the petitioner was examined and cross-examined in full on 02.08.2016.;