Madras High Court
K. Liyakat Ali vs State Represented By The Deputy ... on 21 October, 2021
Crl.O.P. No.20519 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON 29.10.2021
PRONOUNCED ON 01.11.2021
CORAM:
THE HONOURABLE MR. JUSTICE P.N.PRAKASH
and
THE HONOURABLE MRS. JUSTICE S. SRIMATHY
Crl.O.P. No.20519 of 2021
K. Liyakat Ali Petitioner
vs.
State represented by the Deputy Director
Directorate of Enforcement
Chennai Zonal Office
Chennai Respondent
Criminal Original Petition filed under Section 482 Cr.P.C. seeking to
call for the records and set aside the order dated 21.10.2021 passed by the
XII Additional Special Court, (CBI Cases), Chennai in Crl.M.P. No.6961 of
2021 in C.C. No.3 of 2017.
For appellant Mr. L. Infant Dinesh
For respondent Mr. N. Ramesh
Special Public Prosecutor for
Enforcement Direcotrate
-------
ORDER
P.N.PRAKASH, J.
The petitioner is facing a prosecution in C.C. No.3 of 2017 under
Sections 3 and 4 of the Prevention of Money-Laundering Act, 2002, before
Crl.O.P. No.20519 of 2021
the Special Court for PMLA Cases (XII Additional Special Court for CBI
Cases), Chennai. He filed an application in Crl.M.P. 6961 of 2021 in
C.C.No. 3 of 2017 under Section 311 Cr.P.C. for recalling P.W.1, P.W.2 and
P.W.9 for further cross-examination, which has been dismissed by the trial
Court, aggrieved by which, the petitioner has filed the instant quash
application.
2 Heard Mr. L. Infant Dinesh, learned counsel for the petitioner
and Mr. N. Ramesh, learned Special Public Prosecutor for the Enforcement
Directorate.
3 This Court carefully perused the impugned order. A reading of
the impugned order shows that P.W.1, P.W.2 and P.W.9 have been
extensively cross-examined by the accused on various dates. In fact, the
petitioner had earlier filed Crl.M.P. No.1664 of 2020 under Section 311
Cr.P.C. for recalling P.W.1 and P.W.2, which was allowed by the trial Court
on 04.03.2020 and thereafter, those witnesses were further cross-examined
by the petitioner extensively. As regards P.W.9, the petitioner has cross-
examined him on 08.10.2020, 14.10.2020, 22.10.2020 and 18.11.2020.
After the prosecution had completed their evidence, the petitioner was
Crl.O.P. No.20519 of 2021
examined under Section 313 Cr.P.C., after which, the petitioner examined
five persons as defence witnesses, D.W.1 to D.W.5. Further, the petitioner
has engaged one Mr.Subramaniam, Advocate, to defend him, who sought
several adjournments for arguing the main case and ultimately, made his
submissions in the main case on 23.10.2021. He has also given his written
submissions on 26.10.2021, after which, he has argued on 27.10.2021 and
28.10.2021. Thereafter, when the main case has been posted for judgment
on 02.11.2021, the petitioner has changed his counsel, engaged the present
counsel and filed the instant petition on 27.10.2021, challenging the order
dated 21.10.2021.
4 The trial Court has given cogent reasons for rendering a finding
that the petitioner's request for recall of witnesses is not a bona fide one.
The petitioner has given certain reasons for recalling P.W.1, P.W.2 and
P.W.9, whereas, the points on which the petitioner wants to recall these
witnesses have already been put to those witnesses and their answers
recorded.
5 It is also seen that the petitioner had filed an application in the
trial Court questioning the competence of the Investigating Officer to file
Crl.O.P. No.20519 of 2021
the complaint and request the trial Court to make a reference under Section
395 Cr.P.C. to the High Court. This request has been turned down by the
trial Court via a detailed order dated 30.09.2021.
6 From the above discussion, it is obvious that only with an
intention to stall the pronouncement of the judgment by the trial Court on
02.11.2021, the instant quash petition has been preferred. Superadded, the
grounds raised by the petitioner for recalling P.W.1, P.W.2 and P.W.9 do not
pass muster the law laid down by the Supreme Court in State (NCT of
Delhi) vs. Shiv Kumar Yadav1.
For all the foregoing reasons, this criminal original petition is liable
to be dismissed as being devoid of merits and it is accordingly dismissed.
Connected Crl.M.P. is closed.
(P.N.P., J) (S.S.Y., J)
01.11.2021
Index: Yes/No
cad
1 (2016) 2 SCC 402 : 2015 (9) Scale 649
Crl.O.P. No.20519 of 2021
To
1 The Deputy Director
Directorate of Enforcement
Chennai Zonal Office
Chennai
2 The XII Additional Special Judge
(CBI Cases)
Chennai
3 The Public Prosecutor
High Court, Madras
Chennai 600 104
Crl.O.P. No.20519 of 2021
P.N. PRAKASH, J.
and
S. SRIMATHY, J.
cad
Crl.O.P. No.20519 of 2021
01.11.2021
