- (1.) This criminal misc. petition has been filed by the petitioner challenging the order dated 14.10.2019 whereby the application submitted by the petitioner under Section 311 of Cr.P.C. for recalling certain witnesses was partly allowed.
(2.) Brief facts of the case are that the Central Bureau of Investigation lodged an FIR against the accused-petitioner on 22.12.2002 for disproportionate of assets. After investigation the Investigating Agency submitted charge-sheet before the trial court on 25.05.2004 and the charges were framed by the trial court on 02.04.2014. After completion of prosecution evidence on 25.02.2017, evidence of the accused-petitioner was recorded and closed on 20.04.2017 and thereafter, the matter was fixed for final arguments. During pendency of the proceedings before the trial court, the petitioner submitted an application under Section 311 Cr.P.C. on 01.10.2019 for calling of as many as five witnesses. The trial court vide its order dated 14.10.2019 partly allowed the application and summoned two witnesses namely H.M. Bala Subramaniam & Giriraj Goyal and prayer for calling three other prosecution witnesses and also DW-1 Hanuman Sahay was rejected. Hence, this criminal misc. petition has been filed by the petitioner.
(3.) Counsel for the petitioner submits that names of those three witnesses were in the list of prosecution witnesses and no prejudice would be caused to the respondent if these witnesses are summoned. Counsel further submits that these three witnesses are required to be summoned for fair and just decision of the case. Counsel further submits that age of the litigation has no impact on the application for re-summoning the witnesses in exercise of power under Section 482 of Cr.P.C.;