Smt Sumera Khanum Vs Smt Rajashree — Writ and Judicial Review | Karnataka HC (2025)

Smt Sumera Khanum Vs Smt Rajashree — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Impugned order dated 20.07.2024 passed by the I Addl. Civil Judge and JMFC, Harihar in C.C.No.1228/2020 set aside; application under Section 311 Cr.P.C. allowed; petitioner permitted to cross-examine P.W.1 on the date summoned, failing which the Trial Court to proceed in accordance with law.

Issue for consideration

Whether the writ petition should be allowed and the Trial Court's order dated 20/07/2024 rejecting the application under Section 311 Cr.P.C. to recall P.W.1 for further cross-examination in C.C. No. 1228/2020 should be set aside. +1 more

Court's answer

The petition is allowed; the impugned order dated 20.07.2024 passed by the I Addl. Civil Judge and JMFC, Harihar in C.C.No.1228/2020 on the application filed under Section 311 of Cr.P.C. is set aside and the application is allowed.

Ratio / Principle

Although no sufficient cause was shown for the failure to cross-examine the complainant, one more opportunity is to be granted to the petitioner to cross-examine P.W.1, because non-cross-examination would leave the testimony of P.W.1 uncontroverted and may likely result in a judgment of conviction; this ensures a fair trial as envisaged under Article 21 of the Constitution of India.

Key takeaways

The petitioner is permitted to cross-examine P.W.1 on the date summoned; failing which, the Trial Court is to proceed in accordance with law.ratio¶29

Detailed headnote1 paragraphs

Constitution of India, Articles 226 and 227 — Code of Criminal Procedure, 1973, Section 311 — Recall of P.W.1 for further cross-examination — Trial Court (I Addl. Civil Judge and JMFC, Harihar) rejected the accused's Section 311 application to recall the complainant (P.W.1) in C.C.No.1228/2020 after the accused had chosen not to cross-examine and the matter was posted for defence evidence — Held: although no sufficient cause was shown for the failure to cross-examine, one more opportunity is to be granted, since non-cross-examination would leave the testimony of P.W.1 uncontroverted and may likely result in conviction, and affording the opportunity ensures a fair trial as envisaged under Article 21 of the Constitution — Impugned order dated 20.07.2024 set aside, Section 311 application allowed, petitioner permitted to cross-examine P.W.1 on the date summoned, failing which the Trial Court to proceed in accordance with law (Hemant Chandangoudar, J., High Court of Karnataka, 26-04-2025).

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NC: 2025:KHC:17666 WP No. 5006 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26^TH DAY OF APRIL, 2025

BEFORE

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

WRIT PETITION NO. 5006 OF 2025 (GM-RES)

BETWEEN:

SMT. SUMERA KHANUM, W/O SADRE ALAM, AGED ABOUT 31 YEARS, R/AT NO. 677/48, 'RAMANJANEYA KRUPA', SECOND MAIN, 5TH CROSS, BHAGATH SINGH NAGAR, DAVANAGERE CITY - 577 002.

…PETITIONER

(BY SRI. RAKSHITH K.S, ADVOCATE) AND:

Digitally signed by R HEMALATHA Location: High Court of Karnataka

SMT. RAJASHREE, W/O AMBASA SUBHASH, AGED ABOUT 39 YEARS, BEAUTICIAN AND BUSINESS, R/OF BEHIND MADHYAMA TEMPLE, KHANAD SALU, DODDIBEEDI, HARIHAR, DAVANAGERE DISTRICT - 577 601.

…RESPONDENT

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. SET ASIDE THE ORDER DATED 20/07/2024 AT ANNEXURE A PASSED BY THE I ADDL. CIVIL JUDGE AND JMFC, HARIHAR REJECTING THE APPLICATION UNDER SECTION 311 OF THE CODE OF THE CRIMINAL PROCEDURE 1973 SEEKING RECALL OF PW-1 TO TENDER FOR FURTHER CROSS EXAMINATION IN C. C. NO. 1228/2020, AS PER ANNEXURE-A AND ETC.,

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NC: 2025:KHC:17666 WP No. 5006 of 2025

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

ORAL ORDER

The petitioner challenges the order passed by the Trial Court, whereby the application filed under Section 311 Cr.P.C. to recall P.W.1 was rejected. The complainant was examined as P.W.1, and when the case was listed for the cross-examination of P.W.1, the accused chose not to cross-examine, prompting the Trial Court to post the matter for defence evidence.

Although no sufficient cause has been shown for the failure to cross-examine the complainant, it would be appropriate to grant one more opportunity to the petitioner to cross-examine P.W.1. This is because non-cross-examination would result in the testimony of P.W.1 remaining uncontroverted, which may likely result in a judgment of conviction. In order to ensure a fair trial, as envisaged under Article 21 of the Constitution of India, it is deemed appropriate to afford one more opportunity to the petitioner to crossexamine P.W.1. Hence, the following:

ORDER

i. Petition is allowed.

ii. The impugned order dated 20.07.2024 passed by the I Addl. Civil Judge and JMFC, Harihar in

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NC: 2025:KHC:17666 WP No. 5006 of 2025

C.C.No.1228/2020 on the application filed under Section 311 of Cr.P.C. is hereby set aside and the application is allowed.

iii. The petitioner is permitted to cross examine P.W.1 on the date summoned. Failing which, the Trial Court to proceed in accordance with law.

Sd/(HEMANT CHANDANGOUDAR) JUDGE

RKA List No.: 1 Sl No.: 116 CT: BHK