Karnataka High Court
Srinivasan @ Ltte Srinivasan vs State Of Karnataka By on 30 July, 2014
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
-1-
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 30TH DAY OF JULY 2014
BEFORE
THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA
CRIMINAL PETITION NO.4457/2014
BETWEEN :
SRINIVASAN @ LTTE SRINIVASAN,
S/O RADHAKRISHNAN,
AGED ABOUT 44 YEARS,
R/AT NO.44, VEERAPILLAI ROAD,
COMMERCIAL STREET,
SHIVAJINAGAR,
BANGALORE-560 001. ... PETITIONER
(BY SRI T.PRAKASH, ADV.,)
AND :
STATE OF KARNATAKA BY
BAGALUR POLICE STATION,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE-560 001. ... RESPONDENT
(BY SRI KESHAVA MURTHY, ADDL. SPP)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO
QUASH THE ORDER DATED:23.7.2014 PASSED BY THE V
ADDL. DIST. AND S.J., AT DEVANAHALLI VIDE ANNEXURE-A
IN S.C.NO.180/2012 REGARDING REJECTING THE
APPLICATION FOR RECALLING OF PW1 & 2 FOR THE
PURPOSE OF CROSS EXAMINATION BY THE PETRS.
COUNSEL.
-2-
THIS CRL.P COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by accused No.1 in SC.180/2012 seeking quashing of order dated 23.7.2014 passed by the V Additional Sessions Judge, Devanahalli, in rejecting his application filed under Section 311 of Cr.PC., for recalling of PWs.1 and 2.
2. The petitioner herein, who is first accused in the aforesaid proceeding is said to have filed an application under Section 311 of Cr.P.C., on the ground that as and when PWs.1 and 2 were examined in-chief, he could not cross-examine them due to unavoidable reasons. Hence, he sought for recall of the said witnesses for cross examination. It is seen that said application is dismissed by order dated 23.7.2014. Thereafter, the proceeding in SC.No.180/2012 is taken up for final hearing and adjourned to 31.7.2014 for further arguments. In the meanwhile, first accused has come up in this petition seeking to quash the order dated 23.7.2014 rejecting his application under -3- Section 311 of Cr.PC., and also seeking for opportunity to complete the cross-examination of PWs.1 and 2.
3. Heard the learned counsel for petitioner and learned Additional SPP on behalf of respondent. After going through the material available on record, it is seen that by granting one more opportunity to accused No.1 to cross-examine PWs.1 and 2, no harm will be caused to prosecution. Instead, if sufficient opportunity is not given to accused No.1, he may have to face the ordeal of opposing the charges against him without proper evidence coming on record.
4. In that view of the matter, this petition is allowed. The order dated 23.7.2014 passed in SC.No.180/2012 on the file of V Additional Sessions Court, Bangalore, is set aside, subject to the condition that cross-examination of PWs.1 and 2 shall be completed on the date to be fixed by the Sessions Court at Devanahalli without seeking further extension of time.
Sd/-
JUDGE nd/-