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Karthikeyan vs State Rep. By on 17 June, 2019

9. As rightly submitted by the learned counsel for the petitioner, once a witness has been examined by the prosecution and the said witness is also cross-examined, the prosecution cannot be allowed to recall all the witnesses for re-examination on the ground that certain important questions were not asked to the witnesses. Useful reference can be made to the Judgement of this Court in [Gayes Vs. The State rep. by its, Inspector of Police, Kulasekaranpattinam Police Station, Thoothukudi District] reported in 2018 2 Law Weekly (Crl) 721.
Madras High Court Cites 9 - Cited by 0 - N A Venkatesh - Full Document

Sundaram vs State Represented By on 4 December, 2018

7 It could be clearly seen that the prosecution literally wants a retrial of the entire case by recalling PW.1 to PW.6 and PW.8. Such a whole sale recall of witnesses without giving any reason, can never be permitted by this Court under Section 311 of Cr.P.C. No party should be allowed to fill up lacuna. The petition filed by the prosecution is exactly for the said purpose. http://www.judis.nic.in 4 8 The learned counsel for the petitioners brought to the notice of this court the judgment in Gayes Vs. State rep.by its, Inspector of Police, Kulassekaranpattinam Police Station, Thoothukudi reported in 2018-2- L.W.(Crl) 721 and the relevant portion is extracted hereunder:-
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