Allowed

Sri Shanmugam v. Smt Chandra Bai

Karnataka HC25 Nov 2022CRL.P/7820/2021

Case brief

AI extract

What is this about?

High Court allowed a criminal petition under Section 482 Cr.P.C. to quash the trial court's order rejecting an application to recall and cross-examine a prosecution witness. The Court set aside the impugned order and directed the trial court to permit cross-examination upon payment of costs to the witness.

What did the court decide?

Impugned order dated 01.09.2021 set aside; Application under Section 311 Cr.P.C. allowed; Order closing evidence recalled; Cross-examination permitted subject to payment of Rs. 5,000 cost per appearan

Sri Shanmugam Vs Smt Chandra Bai — Civil Procedure and Limitation | Karnataka HC (2022)

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CRL.P No. 7820 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF NOVEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN

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CRIMINAL PETITION NO. 7820 OF 2021

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BETWEEN:

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SRI SHANMUGAM MANAGING DIRECTOR M/S. SHREE SHANMUGA MODERN RICE MILLS (P) LTD., AGED 66, DESHIHALLI VILLAGE KGF TO BANGARPET ROAD BANGARPET TOWN - 563 114.

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Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka

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(BY SRI SANDEEP C.T., ADVOCATE FOR SRI S. BALAKRISHNAN, ADVOCATE)

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…PETITIONER

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AND:

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SMT. CHANDRA BAI

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W/O. R. SUBRAMANI RAO AGED ABOUT 58 YEARS R/AT KAMASAMUDRAM ROAD DESIHALLI VILLAGE BANGARPET TALUK - 516 484.

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…RESPONDENT

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(BY SMT. P.C. SUNITHA, ADVOCATE)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE ORDER DATED 01.09.2021 PASSED BY HON'BLE ADDITIONAL CIVIL JUDGE AND JMFC., BANGARPET IN C.C. NO.286/2018 DISMISSING THE APPLICATION FILED UNDER SECTION 311 OF CR.P.C. AND MAY

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CRL.P No. 7820 of 2021

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BE PLEASED TO ALLOW THE PETITIONER TO CROSS-EXAMINE PW-1, IN THE ENDS OF LAW AND JUSTICE.

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THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Aggrieved by the order dated 01.09.2021 passed on an application filed under Section 311 of Cr.P.C. by the Court of the Additional Civil Judge and JMFC at Bangarpet, the present petition is filed by the petitioner.

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The petitioner herein is the accused No.1 in C.C.No.286/2018. Inspite of granting sufficient opportunity, he failed to cross-examine PW-1. Hence, the evidence of PW-1 was closed and the case was posted for 313 statement. At this juncture, the petitioner herein filed an application under Section 311 of Cr.P.C. with a prayer to recall PW-1 and permit him to cross-examine PW-1. However, as sufficient opportunity was granted to the petitioner, the same was rejected by the trial Court. Aggrieved by the same, the present petition is filed.

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Admittedly, inspite of granting sufficient

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opportunity, petitioner has failed to cross-examine PW-1. It

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CRL.P No. 7820 of 2021

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appears from the proceedings that the petitioner herein has tried to drag the proceedings and the trial Court has rightly rejected the application filed by the petitioner. However, keeping in view the interest of the parties and for the reason that an opportunity has to be given to the petitioner to defend his case appropriately, under the given peculiar facts and circumstances of the case, it is felt just and necessary to afford an opportunity to the petitioner to cross-examine PW-1. However, care has to be taken that petitioner does not abuse the process of Court and he shall not drag the proceedings. Hence, the following:-

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ORDER

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i. The impugned order dated 01.09.2021 passed by the Court of Additional Civil Judge and JMFC at Bangarpet is hereby set aside.

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ii. The application filed under Section 311 of Cr.P.C. by the petitioner is hereby allowed.

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iii. The order of the trial Court closing the evidence of PW-1 is hereby recalled.

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CRL.P No. 7820 of 2021

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iv. The trial Court is directed to permit the petitioner to cross-examine PW-1 on the date fixed by it subject to the petitioner paying cost of Rs.5,000/- (Rupees Five Thousand only) to the complainant - PW-1, on each date when PW-1 is required to attend the Court to undergo cross-examination.

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v. It is made clear that if the petitioner fails to cross-examine PW-1 on the date fixed by the trial Court, the cross-examination shall be taken as Nil.

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Accordingly, the petition is allowed.

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In view of the disposal of the main petition, interlocutory

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applications, if any do not survive for consideration and the same are hereby disposed of.

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SD/JUDGE

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VMB

Sri Shanmugam v. Smt Chandra Bai

Case brief

What is this about?

What did the court decide?

Sri Shanmugam v. Smt Chandra Bai

Case brief

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