Saddaladine Nagendra v. The Sho., Itikalapally P.S.

THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No. 2133 of 2012 ORDER:

This criminal petition is filed under Section 482 Cr.P.C., seeking to quash the order dated 15.02.2012 passed in Crl.MP.No.34 of 2012 in S.C.No.507 of 2011 on the file of the Sessions Judge, Anantapur.

Heard.

Crl.MP.No.34 of 2012 was filed to recall PW1 for further cross-examination on the ground that some important suggestions could not be questioned due to which some important information with regard to the manner of attacking the deceased could not be elicited in the cross-examination of PW1. The petition was dismissed on the ground that the schedule of the case has been fixed by giving more than one month’s time and the case is at the stage of examination of investigation officer.

Under Section 311 Cr.P.C., any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned, as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the

case.

Under 2^nd part of Section 311 Cr.P.C., it is mandatory to recall a witness, provided if it appears to the Court that it is essential for just decision of the case. The only reason given by the petitioner is that some of the important aspects have not been elicited in the cross examination of PW1. But as seen from the impugned order, the trial Court observed that PW1 was elaborately cross-examined. The schedule of the case has been fixed on 02.01.2012 and PW1 was examined on 06.02.2012 and thereafter the case was posted for examination of investigating officer. No reasons are assigned in the petition as to how recalling of PW1 would serve the interest of justice. In the absence of any reasons, the impugned order does not call for interference by this Court.