DEELAKSHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question an order dtd. 12/8/2022 passed by the concerned Court i.e., XXX Additional Chief Metropolitan Magistrate Bengaluru in C.C.No.6014/2019 whereby, the application filed by the petitioner seeking recall of witnesses PWs1 to 5 for the purpose of further cross-examination has been turned down.

(2.) Heard the learned counsel for the petitioner and learned HCGP for respondent - State.

(3.) Brief facts leading to file this petition as borne out from the pleadings are as follows: A complaint came to be registered on 20/7/2018, at 11.30 a.m, on the said date, there has been some attempt by the accused for indulging in what would become an offence under Sec. of 509 and 354 IPC . The issue in the lis does not concern the merit of the matter. The petitioner before the concerned Court files an application under Sec. 311 of Cr.P.C., seeking recall of PWs.1 to 5 on the ground that sufficient opportunity was not granted by the concerned Court to cross-examine the witnesses and the witnesses have been short cross-examined. The concerned Court in terms of its order dtd. 12/8/2022 rejects the application by holding that though the petitioner was granted sufficient opportunity has failed to cross-examine the witnesses and therefore, an opportunity cannot be granted. It is this order that drives the petitioner to this Court in the subject petition.