Mrs. Champaka v. Mrs. Prabhamani.K. S
Case brief
What is this about?
Section 311 CrPC application to recall P.W.1 for further cross examination rejected; trial court treated further cross examination and defence evidence as 'Nil' after accused prayed for time on 30.12.2024; Karnataka High Court (Hemant Chandangoudar J) allowed writ petition under Articles 226/227 Constitution read with Section 528 BNSS, set aside order dated 23.01.2025 of Senior Civil Judge and JMFC Krishnarajanagara in C.C.No.222/2023, permitted further cross examination of P.W.1 and defence evidence; fair trial; insufficient opportunity; WP No. 6578 of 2025 (GM-RES); decision dated 05.03.2025.
What did the court decide?
Impugned order dated 23.01.2025 in C.C.No.222/2023 set aside; application under Section 311 of Cr.P.C. allowed; petitioner permitted to further cross examine P.W.1 when summoned (failing which the Trial Court shall proceed in accordance with law) and to lead defence evidence, if any.