High Court Bench allowed a criminal petition under Section 482 Cr.P.C. setting aside the impugned order dismissing an application to recall a witness for further cross-examination.
Impugned order dated 04.01.2020 setting aside; application for recall under S. 311 Cr.P.C. allowed; further cross-examination permitted upon payment of Rs. 5,000/-.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION No.1389 of 2020
BETWEEN
KARTHIK S/O. G. KALLAPPA, AGED ABOUT 36 YEARS, RESIDING AT NAGASHREE NILAYA, 1ST CROSS, BASAVESHWARA NAGAR, N.H.13, CHITRADURGA – 577 501.
…PETITIONER
(BY SRI SHIVANANDA D.S., ADVOCATE)
AND
SRI T. YADVA MURTHY, S/O. M. THIPPESWAMY, AGED ABOUT 34 YEARS, RESIDING AT 7TH CROSS, J.C.R. EXTENSION, CHITRADURGA – 577 501.
…RESPONDENT
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE ORDER DATED 04.01.2020 PASSED BY THE PRINCIPAL CIVIL JUDGE AND J.M.F.C., CHITRADURGA IN C.C.No.918/2018 IN P.C.R.No.247/2016 AND ETC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY THE COURT MADE THE FOLLOWING:
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ORDER
Learned counsel for the petitioner/accused submits that the matter is posted for final arguments on 18.08.2021. Though the case is pending before the Court for more than one and a half years, for the first time, the matter is posted before the Court only today. Therefore, in order to avoid unnecessary delay in disposing of the case before this Court as well as before the Trial Court, it is proper to dispense with the notice to the respondent/PW.1.
accused.
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records, admittedly, the application of the petitioner/accused for recalling PW.1 for the purpose of further cross-examination came to be rejected by the Trial Court and the case is posted for final arguments. Ofcourse the matter was pending before the Trial Court from 2016 to 2019. However, looking to the facts and circumstances of the case, in order to give one more opportunity to the petitioner/accused to further crossexamine PW.1, the petition requires to be allowed. Hence, the following:
Order
The Criminal Petition is allowed. The order of dismissal of the application filed by the petitioner/accused under Section 311 of Cr.P.C., dated 04.01.2020 is set aside and the said application is allowed. The petitioner/accused is permitted to further cross-examine the PW.1/respondent by recalling him. on payment of Rs.5,000/- as cost to PW.1/respondent.
It is needless to say that the petitioner/accused shall not seek any unnecessary adjournment and he shall
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complete further cross-examination of PW.1 within a day on the date fixed by the Trial Court.
Sd/JUDGE
mv
1 issue framed by the court
Whether to quash the dismissal of the application for recalling the witness for further cross-examination under Section 311 Cr.P.C.
2 provisions across 1 enactments
Karthik
Sri T. Yadva Murthy
K. Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court