Supreme Court - Daily Orders
A M Prasanna vs The State Of Karnataka on 18 July, 2022
Bench: Uday Umesh Lalit, S. Ravindra Bhat, Sudhanshu Dhulia
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.981 OF 2022
(Arising out of SLP (Crl.) No.4290 of 2022)
A. M. PRASANNA Appellant
VERSUS
STATE OF KARNATAKA & ANR. Respondents
O R D E R
Leave granted.
This appeal challenges the order dated 06.01.2022 passed by the High Court of Karnataka at Bengaluru in Criminal Petition No.9421 of 2021, which in turn had taken exception to the Order dated 30.08.2021 passed by the Trial Court while dealing with an application preferred by the present appellant under Section 311 read with Section 91 of the Code of Criminal Procedure, 1973 and under Section 145 of the Indian Evidence Act, 1872.
The text of the application preferred by the appellant/accused was as under:
“The accused persons have a CD of consisting of audio and video material in respect of the incident and allegations involved in the case and also of connected cases. The accused know producing the said CD before this Hon’ble Court. The intensed to cross examine the prosecution witnesses confronting the materials in the CD to the witnesses. The said aspect will assist the Hon’ble Court with respect to the matters involved in the above case. Earlier also the above said CD produced in other cases and the same are allowed.Signature Not Verified
Digitally signed by Dr. Mukesh Nasa Date: 2022.07.20 For the above said purpose the recalling of PWs-1 to 09:08:50 IST Reason: PW10 for cross examination of the accused. The required documents in also be produced at the time of trial for the above said purpose.2
Wherefore, the accused persons prays that this Hon’ble Court be pleased to permit the accused to produce the said CD to this Hon’ble Court and also please to recall PW 1 to PW-10 for cross examination of the accused in the interest of justice.” Thus, after the prosecution had examined 10 witnesses, the aforesaid application came to be preferred seeking permission to produce the CD and to recall PWs1 to 10 for cross-examination.
Heard Mr. H. Chandra Sekhar, learned Advocate for the appellant and Mr. Shubhranshu Padhi, learned Advocate for the State.
It is submitted by Mr. H. Chandra Sekhar, learned Advocate that first six witnesses examined by the prosecution happen to be the accused in a counter case and rather than examining all ten witnesses, he may confine his case to recall of these six witnesses.
Mr. Padhi, learned Advocate for the State submits that the CD must first be proved by the appellant and only thereafter, opportunity can be afforded to the appellant to seek recall of any or all six witnesses, as submitted by Mr. Chandra Sekhar; and that such examination upon recall, must be confined to the aspects emanating from CD alone.
Mr. Chandra Sekhar, learned Advocate for the appellant is entirely in agreement with the submissions advanced by Mr. Padhi.
In the circumstances, we allow the application preferred by the appellant to the extent indicated above. Ordered accordingly. 3 The appeal is allowed to the extent indicated above.
............................J. (UDAY UMESH LALIT) ............................J. (S. RAVINDRA BHAT) ............................J. (SUDHANSHU DHULIA) New Delhi, July 18, 2022 4 ITEM NO.36 COURT NO.2 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) NO.4290 OF 2022 (Arising from the final order dated 06.01.2022 passed by the High Court of Karnataka at Bengaluru in Criminal Petition No.9421 of 2021) A M PRASANNA Appellant(s) VERSUS STATE OF KARNATAKA & ANR. Respondent(s) (FOR ADMISSION and I.R.; and, IA No.67772/2022 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; and, IA No.67773/2022 – FOR EXEMPTION FROM FILING O.T.) Date : 18-07-2022 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Appellant(s) Mr. H. Chandra Sekhar, AOR For Respondent(s) Mr. Shubhranshu Padhi, AOR Mr. Ashish Yadav, Adv.
Mr. Vishal Banshal, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The criminal appeal is allowed, in terms of the Signed Order placed on the file.
Pending applications, if any, also stand disposed of.
(MUKESH NASA) (VIRENDER SINGH)
AR-cum-PS BRANCH OFFICER