Karnataka High Court
CRL.P/14429/2024 of NAZEER AHAMAD Vs THE STATE OF KARNATAKA on 31 December 2024
2024:KHC:53320 CRL.P No. 14429 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 14429 OF 2024 BETWEEN: NAZEER AHAMAD, S/O LATE APROZ, HOUSE NO.18, 2ND CROSS, 3RD MAIN,
Digitally signed byR HEMALATHALocation: HIGHCOURT OFKARNATAKA
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31[ST] DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 14429 OF 2024
BETWEEN:
NAZEER AHAMAD, S/O LATE APROZ, HOUSE NO.18, 2ND CROSS, 3RD MAIN, KEMPEGOWDA ROAD, HENNUR MAIN ROAD, BAIRAVESHWARA LAYOUT, BENGALURU CITY - 560 043.
…PETITIONER
(BY SRI. SHARATH J M.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REP BY HENNUR POLICE STATION, REP BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.
2. MAHAMAD SHAHID, HOUSE NO.8, BALAJI APPARTMENT, NEAR SIDDARTHA LAYOUT, K NARAYANA CROSS, BENGALRUU CITY - 560 077.
…RESPONDENTS
(BY SMT.WAHEEDA.M.M., HCGP FOR R-1)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ORDER IN S.C.NO.461/2022 DATED 07.12.2024 PASSED BY HONBLE XXVI ADDL.CITY CIVIL AND SESSIONS JUDGE MAYO HALL BENGALURU WHEREBY REJECTED APPLICATION UNDER SEC.311 OF CR.PC FOR THE ALLEGED OFFENCE P/U/S 302 OF IPC AND CONSEQUENTLY PERMIT THE PETITIONER TO CROSS EXAMINATION OF PW1, 2, 6 AND PW 10, 11.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
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ORAL ORDER
Petitioner/accused, who is facing trial for the offence punishable under Section 302 of IPC is before this Court challenging the order passed by the Trial Court, wherein the application filed under Section 311 of Cr.P.C to recall P.W-1 to P.W-6 and P.W-10, P.W-11 for cross-examination came to be rejected.
2. Heard the learned counsels for the parties.
3. The petitioner is facing trial for the offence punishable under Section 302 of IPC and he is in judicial custody, as of today. P.W-1 to P.W-6 are the eye-witnesses to the incident and P.W-10 is the Doctor, who conducted the postmortem and P.W-11 is the investigating officer.
4. The counsels representing the accused did not choose to cross-examine the said witnesses and therefore, the Trial Court proceeded to post the matter for argument.
5. The right to recall a witness is not merely a procedural formality but a substantive right that safeguards the accused against potential miscarriage of justice. The petitioner-accused is entitled to a fair trial as guaranteed under Article 21 of Constitution of India. Furthermore, no prejudice shall be caused to the respondent, if the petitioner is permitted to cross-examine the said witnesses.
6. In light of the above, the petitioner has established a prima-facie case to recall the said witnesses for cross-examination.
Accordingly, the following:
ORDER
i. The petition is allowed.
ii. The order dated 07.12.2024 was passed by the XXVI Additional City Civil and Sessions Judge (CCH-20) in S.C.No.461/2022 on application filed under Section 311 of Cr.P.C is hereby quashed and the application is allowed.by the XXVI Additional City Civil and Sessions Judge (CCH-20) in S.C.No.461/2022 on application filed under Section 311 of Cr.P.C is hereby quashed and the application is allowed.
iii. The Trial Court to permit the petitioner to cross-examine P.W-1 to P.W-6 and P.W-10, P.W-11 on the date on which they are summoned.cross-examine P.W-1 to P.W-6 and P.W-10, P.W-11 on the date on which they are summoned.
NC: 2024:KHC:53320
CRL.P No. 14429 of 2024
iv. In the event the petitioner fails to cross-examine the said witnesses on the date summoned, the Trail Court to proceed in accordance with law.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
AM
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