IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO. 797/2019 BETWEEN:
SHOBHA R W/O M.S.SRINIVAS AGED ABOUT 48 YEARS SRI VINAYAKA MATCHING CENTRE NO.9/1, CVS REDDY BUILDING ARAKERE MAIN ROAD BANNERUGHATTA ROAD BENGALURU 560 076 ... PETITIONER (BY.SRI PATEEL G.S., ADVOCATE) AND:
RAVIKUMAR B S/O BASAVARAJU AGED ABOUT 35 YEARS R/A NO.13, ARAKERE OPP: DOMMINOS PIZZA BANNERGHUTTA ROAD BENGALURU 560 076 ... RESPONDENT (BY SRI V SUBASH REDDY. ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 29.12.2018 PASSED BY THE XX A.C.M.M., BANGALORE IN C.C.NO.31205/2017 BY PROVIDING AN OPPORTUNITY TO THE PETITIONER FOR FURTHER CROSS EXAMINING OF PW1.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri G S Pateel, learned Advocate appearing for petitioner and Sri Subhash Reddy, learned Advocate appearing for respondent. Perused the impugned order dated 29.12.2018 whereunder application filed by the accused for further cross examination of P.W.1 has been dismissed with costs of Rs.1,500/-.
2. Records in general and impugned order in particular would disclose that trial Court has rightly dismissed the application for recall of P.W.1. No fault can be laid at the doors of the learned trial Judge. However, taking into consideration that on 06.08.2018 P.W.1 was examined and he was cross examined in part only and further cross examination was deferred to 31.08.2018 on which date, petitioner – accused did not cross examine P.W.1, evidence of P.W.1 has been closed. In other words, cross examination of P.W.1 has not been concluded. Hence, this Court is of the considered view that one more opportunity deserves to be granted to petitioner to avoid multiplicity of proceedings and of course, by mulcting petitioner with exemplary costs for delaying and protracting the proceedings before trial Court thereafter. To avoid future delay, time frame is required to be fixed for disposal of the case which would allay the apprehension of respondent- complainant.
3. Hence, I proceed to pass the following:
ORDER (1) Criminal petition is allowed.
(2) Order dated 29.12.2018 passed by XX Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.31205/2017 is hereby set aside and application filed by accused under Section 311 Cr.P.C. for recall of P.W.1 is allowed on payment of costs of Rs.25,000/- payable by petitioner to respondent and payment of costs shall be condition precedent and subject to following conditions:
(a) Petitioner – accused shall cross examine P.W.1 on 23.03.2019 without fail.
(b) Defence evidence if any, shall also be tendered on the same date and respondent- complainant shall complete cross examination of defence witnesses examined if any.
(c) Learned trial Judge shall hear the arguments of learned Advocates appearing for the parties on 25.03.2019 and pronounce the judgment on or before 30.03.2019.
(d) Both parties to co-operate with trial Court.
SD/- JUDGE *sp