Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Procedure Code 1973 – s.311 – Ambit of – FIR under PC Act registered in 2010 against |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal Procedure Code, 1973 – s.311 – Ambit of – FIR under PC Act registered in 2010 against respondent-Chief Engineer in the Tamil Nadu Generation and Distribution Company Limited (TANGEDCO) and other co-accused (since deceased) – Sanction to prosecute accorded – Final report filed in July 2011 – Prosecution evidence closed in October 2017 – Applications filed u/s.311 in 2019 for recalling PW-1(Chairman of TANGEDCO) and PW-11 (Deputy Superintendent of Police) – Dismissed – On appeal, held: Having due regard to the nature and ambit of s.311, the applications filed by the prosecution ought to have been allowed – True test is whether it appears to the Court that the evidence of such person sought to be recalled is essential to the just decision of the case – Prosecution sought to produce a copy of the relevant document pertaining to the approval granted by the Board of TANGEDCO – To have it marked as an exhibit, PWs 1 and 11 were sought to be recalled – Document was crucial for the decision of the case since the respondent had taken a defense that this document had been signed by the Chairman of TANGEDCO without the Board’s approval – Delay in filing the applications explained by prosecution – Impugned judgment set aside – Prevention of Corruption Act, 1988 – ss.7, 12, 13(2) r/w 13(1)(d). |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2021 INSC 125 |
Petitioner | The State Represented By The Deputy Superintendent Of Police |
Respondent | Tr N Seenivasagan |
SCR | [2021] 2 S.C.R. 529 |
Judgement Date | 2021-03-01 |
Case Number | 231-232 |
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