KESHVA Vs. STATE

JUDGEMENT

(1.) THE petitioner is being prosecuted for an offence punishable under Section 302 of IPC. Trial having begun, the prosecution has examined all its witnesses. The case is now at the stage of hearing of arguments by the learned Sessions Judge. An application filed under Section 311 Cr.P.C to recall PWs 1 to 16 for cross examination having been rejected by the learned Sessions Judge, Devanahalli vide order dated 25.09.2014 passed in SC No. 15001/2013, this petition was filed to quash the said order.

(2.) LEARNED Sessions Judge being of the view that the accused has been adopting delaying tactics and did not utilize the opportunity provided earlier, for cross examining the witnesses, has passed the impugned order.

(3.) SRI . B. Visweswaraiah, learned HCGP, having obtained instructions from the Investigating Officer and having contacted the learned Public Prosecutor appearing in the matter pending before the learned Sessions Judge, submitted that in order to meet the ends of justice, by subjecting the petitioner to pay reasonable costs to PWs.2, 6, 7, 8 and 10, the impugned order may be modified and recalling to the extent of PWs.2, 6, 7, 8, 10 13 and 17 may be allowed. Learned HCGP further submitted that if the petitioner does not utilize the opportunity, the petitioner may be put on notice that none of the said witnesses would be recalled again.