KARTHIKEYAN Vs. STATE

JUDGEMENT

(1.) This petition has been filed challenging the order passed by the Court below allowing the application filed by the prosecution under Section 311 of Cr.PC to recall witnesses PW1 to PW5 for further examination.

(2.) The petitioners are facing trial before the Court below for an offence under Section 498A and 306 IPC. The prosecution had examined PW1 to PW5 and all of them were cross examined by the petitioners. At that point of time, the prosecution filed an application under Section 311 of Cr.PC to recall PW1 to PW5 for further examination. The reasons assigned in the petition to recall PW1 to PW5 is that some important questions were not asked to those witnesses and therefore, they have to be recalled and those questions should be put to them and recalling those witnesses is required to enable the Court to come to a just decision in the case. This petition was allowed by the Court below and aggrieved by the same, this Criminal Original Petition has been filed before this Court.

(3.) The learned counsel for the petitioner submitted that what is now attempted to be done by the prosecution is to re-examine PW1 to PW5 and thereby a de novo trial is sought to be conducted by the prosecution. The learned counsel further submitted that the entire exercise is done only to fill up the lacuna and the Court below without considering the same has allowed the petition.