The Petitioners/A-1 and A-2 have focussed the instant Criminal RevisionCase as against the order dated 27.10.2015 in Crl.R.C.No.4 of 2015 passed bythe Learned Principal Sessions Judge, Karur in reversing the order passed bythe learned Judicial Magistrate No.1, Karur in Crl.M.P.No.8640 of 2014 inC.C.No.836 of 2007 dated 11.02.2015 in dismissing the petition.The Learned Principal Sessions Judge, Karur, while passing theimpugned order on 27.10.2015 in Crl.R.C.No.4 of 2015 filed by therespondent/revision petitioner/complainant, at paragraph No.7, had observedthe following:?This is a case u/s 406 I.P.C. The specific case of the prosecution isthat the accused had misappropriated the Provident Fund and Medical Fund deducted from the salary of the de facto complainant and all these can beproved only through documentary evidence."and consequently, allowed the Criminal Revision Petition, by setting asidethe order dated 11.02.2015, passed by the Learned Judicial Magistrate No.1,Karur in Crl.M.P.No.8640 of 2014 in C.C.No.836 of 2007 and allowed themiscellaneous petition.Earlier, the Learned Judicial Magistrate, No.1, Karur inCrl.M.P.No.8640 of 2014 in C.C.No.836 of 2007 on 11.02.2015, filed by therespondent/petitioner/complainant, seeking permission to permit the defactocomplainant, P.W.1 to be re-examined and to allow the documents filed alongwith the petition to be marked through him, had dismissed the petition byobserving that ' a reading of Section 311 Cr.P.C shows that it only permitsthe Court to recall the witnesses for the just decision of the case and notfor filing additional documents and opined that filing of documents underSection 311 Cr.P.C was not maintainable' and ultimately dismissed thepetition.Being aggrieved against the order dated 27.10.2015 in Crl.R.C.No.4of 2015 passed by the Learned Principal Sessions Judge, Karur, the RevisionPetitioners/A-1 and A-2 have projected the present Revision case before thisCourt primarily contending that the ingredients of Section 311 of Cr.P.C doesnot contemplate the recall of witness for the purpose of marking newdocuments.P.C is not to drag on the proceedings endlessly and in fact, the saidsection does not confer a right to prosecution to harass the RevisionPetitioners/accused by filing petitions.According to the Learned counsel for the Petitioners, the LearnedPrincipal Sessions Judge, Karur, had failed to note that of marking of'Additional Documents' will amount to fresh trial and that the petition inCrl.Lastly, the Learned counsel for the Petitioners projects an argumentthat Crl.The revision petitioners had filed a counter to Crl.Be that as it may, in view of the fact that therespondent/petitioner/complainant had sought for permission of the trialCourt to permit the defacto complainant/P.W.1 to be re-examined and to markthe documents mentioned in the list namely serial Nos.1 to 19 (annexed alongwith the petition) and also this Court, on going through the impugned orderof the Learned Principal Sessions Judge, dated 27.10.2015 in Crl.R.C.No.4 of2015 in allowing the said Criminal Revision Case by setting aside the orderof the trial Court in Crl.Consequently, this Criminal Revision Case fails.Resultantly, the order dated 27.10.2015 in Crl.R.C.No.4 of 2015 passed by theLearned Principal Sessions Judge, Karur, in reversing the order dated11.02.2015 in Crl.M.P.No.8640 of 2014, in C.C.No.836 of 2007, passed by theLearned Judicial Magistrate No.1, Karur is affirmed by this Court, for thereasons assigned in this Criminal Revision Case.It is made clear that thedismissal of the present Criminal Revision Case will not preclude thepetitioners/accused to take all factual and legal pleas before the trialcourt, at the time of marking of documents, of course, in the manner known tolaw and in accordance with law.Consequently, connected M.P.(MD).No.1 of 2015 is also dismissed.1.The Principal Sessions Judge, Karur.2.The Judicial Magistrate No.1, Karur3.The Inspector of Police, District Crime Branch, Karur.4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai..

Sections cited: Section 406 in The Indian Penal Code