IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.9074 OF 2018 BETWEEN:
SABEER AHMED AGED 40 YEARS S/O NAZEER AHMED R/AT RAJANAGAR KOLAR TOWN KOLAR – 563 101 … PETITIONER (BY SHRI CHANDRAHASA RAI. B, ADVOCATE) AND:
THE STATE BY GULPET P.S. KOLAR DISTRICT REPT BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 ... RESPONDENT (BY SHRI S. RACHAIAH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ORDER DATED 29.11.2018 PASSED ON APPLICATION FILED UNDER SECTION 311 OF THE CRPC BY THE PETITIONER IN S.C.NO.170/2016 PENDING ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLAR DISTRICT FOR THE OFFENCES P/U/S 376(D), 506 OF IPC IN FIR NO.76/2016 DATED 25.09.2016 REGISTERED BY GULPET P.S., KOLAR DISTRICT BY CALLING THE ENTIRE RECORDS PENDING ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLAR DISTRICT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri Chandrahasa Rai B., learned advocate for the petitioner and Shri S. Rachaiah, learned HCGP for the State.
2. Petitioner is accused No.1 in S.C.No.170/2016 pending before the Trial Court. He filed an application under Section 311 of Cr.P.C., to recall PWs.1, 7 and 10 for cross-examination. Learned Trial Judge has dismissed the said application by the impugned order.
3. Learned advocate for the petitioner submits that petitioner’s advocate could not cross-examine the said witnesses due to personal inconvenience. Therefore, an opportunity may be given to the petitioner to cross-examine them. Though, petitioner has sought for cross-examining PWs.1, 7 and 10, he submits that he would be satisfied if PWs.7 and 10 are recalled and petitioner’s advocate is permitted to cross-examine them.
4. Shri S. Rachaiah, learned HCGP, in his usual fairness, submits that the petition may be allowed with costs.
5. In the circumstances, this petition is allowed by consent and petitioner’s application dated 13.11.2018 is allowed in part. Petitioner is permitted to cross-examine PW.7 and further cross-examine PW.10 on payment of cost of Rs.1,000/- each. Cross-examination shall be conducted on the next date of hearing as fixed by the learned Trial Judge.
No costs.
Sd/- JUDGE AV