Gouse Basha (Kalupa) v. The State rep.by, The Inspector of Police
Case brief
What is this about?
Madras High Court, Sunder Mohan J., 12-01-2026, CRL A No. 1959 of 2025 (with CRL MP No. 24561 of 2025). Recall of prosecution witnesses refused where accused did not avail cross-examination opportunity; 'own wrong' principle applied. Recall application under Sec. 348 BNSS 2023 dismissed as dilatory; liberty reserved to summon essential witnesses at defence stage after Section 313 Cr.P.C. questioning. Offences: Sections 448, 376 IPC r/w 3(1)(w)(i), 3(2)(va) SC/ST (POA) Act; Spl.S.C.No.29/2023; Cr.No.294/2023, Vellore North PS. Appeal disposed; no precedent discussed; victim deceased noted in appellant's arguments.
What did the court decide?
No substantive relief; the challenge to the dismissal of the recall petition was rejected, with the Court recording that the petitioner may seek examination of witnesses at the defence stage (post-Section 313 Cr.P.C. questioning), subject to the trial Judge's satisfaction that they are essential and that the request is not intended to delay the trial.