CRL OP No. 18429 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-06-2025 CORAM THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 18429 of 2025 Santhanam S/o.Chakrapani, No.12, Moothalammann Kovil Street, West mambalam, Chennai-600 033 ... Petitioner Vs State rep by Deputy Superintendent of Police Vigilance and Anti Corruption, Chennai ... Respondent PRAYER Petition under Section 528 of BNSS 2023 to call for the records in Crl.M.P.no.53 of 2025 in C.C.No.144 of 2011 pending on the file of the Special Court for the cases udner Prevention of Corruption Act, at Chennai and set aside the same and consequently allow the petitoner to cross examine PW6 and PW 25. For Petitioner : Mr.S.M.Nandhie Devhan For Respondent : Mr.S.Udaya Kumar Government Advocate (Criminal Side) ORDER 1/4 https://www.mhc.tn.gov.in/judis CRL OP No. 18429 of 2025 The prayer in this Criminal Original Petition is to call for the records relating to Crl.M.P.No.53 of 2025 in C.C.No.144 of 2011 on the file of the Special Court for Cases under the Prevention of Corruption Cases, Chennai. By the said order dated 06.05.2025, the prayer that is made by the accused / petitioner herein to recall P.W.6 and P.W.25 for cross examination was denied by the Trial Court. 2. It can be seen that the petitioner has already cross examined P.W.6 and P.W.25. The opportunity that is to be provided by way of an application under Section 311 of Cr.P.C., is to provide an opportunity to the petitioner to cross examine the witness and put forth his defence. It is not for the purpose of action replay or to cross examine better from different perspectives. Therefore, the trial Court has considered the same and considering that the application at this belated stage especially when detailed cross examination has already been made, dismissed the application and I do not find any error whatsoever in the order of the trial Court. 3. Learned counsel for the petitioner would only submit that there are some more flaws with reference to the measurement. In this regard by another application when the very same petitioner came before this Court relating to local inspection, I have already observed that if the petitioner wants, he can 2/4 https://www.mhc.tn.gov.in/judis CRL OP No. 18429 of 2025 engage an expert to do thorough inspection and let in evidence including photograph and videograph, if any. 4. In view thereof, there is no prejudice that is caused to the petitioner and allowing the application will not serve any purpose and accordingly, finding no merit this Criminal Original Petition stands dismissed. 27-06-2025 KST Neutral Citation:No To 1.State rep by Deputy Superintendent of Police Vigilance and Anti Corruption, chennai 2.The Public Prosecutor High Court, Madras. 3/4 https://www.mhc.tn.gov.in/judis CRL OP No. 18429 of 2025 D.BHARATHA CHAKRAVARTHY J. KST CRL OP No. 18429 of 2025 27-06-2025 4/4 https://www.mhc.tn.gov.in/judis