Disposed

Sri Sripal P v. S L v Souharda Pattina

Karnataka HC19 Jul 2023CRL.P/3646/2023

Case brief

AI extract

What is this about?

Criminal Petition under Section 482 Cr.P.C. regarding an application to recall a witness. The Court, hearing both sides, accepted submissions to allow cross-examination expediently to avoid delay, disposing of the petition without determining its merits.

What did the court decide?

Petition disposed of by directing the witness to appear for cross-examination on the fixed date, with a mandate to complete within one day without adjournment.

Sri Sripal P Vs S L v Souharda Pattina — Civil Procedure and Limitation | Karnataka HC (2023)

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CRL.P No. 3646 of 2023 NC: 2023:KHC:25136

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C M JOSHI CRIMINAL PETITION NO. 3646 OF 2023

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BETWEEN:

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SRI. SRIPAL. P., S/O PARSAN, AGED ABOUT 45 YEARS, RESIDING AT NO. 4, 10TH CROSS, KADARANAHALLI, BSK 2ND STAGE, BANGALORE - 560 070.

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…PETITIONER

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(BY SRI. LOKESH S.G., ADVOCATE)

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AND:

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Digitally signed by T S NAGARATHNA Location: High Court of Karnataka

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S.L.V. SOUHARDA PATTINA, SAHAKARI NIYAMITA, S.L.V. KUTEERAM, NO.515, 10TH CROSS, PADMANABHANAGARA, BENGALURU - 560 070. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, SMT. KAVITHA. D.,

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…RESPONDENT

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(BY SRI. SHOWRI H.R., ADVOCATE)

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THIS CRL.P IS FILED UNDER SECTION 482 OF CR.PC PRAYING TO 1.QUASH THE IMPUGNED ORDER DATED 14.12.2022 PASSED BY THE HONBLE C/C OF XL A.C.M.M BENGALURU IN C.C.NO.22482/2021 PRODUCED AT ANNEXURE-A AND ETC.,

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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CRL.P No. 3646 of 2023 NC: 2023:KHC:25136

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JUDGMENT

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Heard learned counsel for the appellant and respondent. By consent the matter is taken up for final disposal, though it is listed for admission.

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The accused in C.C.No.22482/2021 before the XL ACMM, Bengaluru, is before this Court seeking intervention under Section 482 of the Criminal Procedure Code.

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The grievance of the petitioner is that he had filed

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an application under Section 311 of Cr.P.C., to recall PW.1 for her further cross-examination and the said application came to be rejected by the impugned order dated 14.12.2022. Later he had preferred a Criminal Petition before this Court in Crl.P No.12389/2022 and the same is withdrawn on 29.12.2022.

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It is submitted that revision petition was filed before the Sessions Court against the impugned order of the learned ACMM, Bengaluru. Therefore, he had withdrawn the Criminal petition. Subsequently, the said Criminal Revision Petition No.641/2022 was dismissed by the Sessions Court on the ground that the Revision Petition is not maintainable.

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CRL.P No. 3646 of 2023 NC: 2023:KHC:25136

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Therefore, the petitioner/accused is before this Court again challenging the order of dismissal of his application under Section 311 of Criminal Procedure Code to recall the PW.1.

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After hearing the parties at some length, learned counsel appearing for the respondent/complainant submits that, he would present the PW.1 before the learned ACMM, Bengaluru, for cross-examination, without seeking any adjournment and if the cross-examination spills over, the same has to be completed on the very next working day. The learned counsel appearing for the petitioner is also agreeable for the said proposition. Therefore, without going into the merits of the petition herein, the above submissions are accepted for the expeditious disposal of the matter before the learned ACMM, Bengaluru. Hence, the petition is disposed of in terms of the following:

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ORDER

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i. The PW.1 in C.C No.22482/2021 shall appear before

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the Trial Court on the date when it is fixed for hearing and offer herself for cross-examination by learned counsel for the

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4 - CRL.P No. 3646 of 2023 NC: 2023:KHC:25136

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accused. It is made clear that, the learned counsel for the petitioner/accused shall cross-examine the PW.1 on the same day without seeking any adjournment and if the crossexamination spills over, the same has to be completed on the very next working day.

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Accordingly, the petition is disposed of.

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Sd/JUDGE

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URN List No.: 1 Sl No.: 67 CT: ABS

Sri Sripal P v. S L v Souharda Pattina

Case brief

What is this about?

What did the court decide?

Sri Sripal P v. S L v Souharda Pattina

Case brief

What is this about?

What did the court decide?

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