IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22nd DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.2559/2019 BETWEEN:
SRI.S. RAMAN S/O SELVAM AGED ABOUT 37 YEARS R/AT NO.2/45 ICHHAGANDU VILLAGE MATTHURU POST, PONCHAPALLI TALUK KRISHNAGIRI DISTRICT TAMIL NADU-635001. ... PETITIONER (BY SRI. CHITRA SHEKARAIAH H.A., ADVOCATE) AND:
STATE OF KARNATAKA INSPECTOR OF POLICE ATTIBELE POLICE STATION BANGALORE URBAN DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR AMBEDKAR VEEDHI BENGALURU-560 001.
(BY SRI. S. RACHAIAH, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE IMPUGNED ORDER DATED 04.12.2018 PASSED BY THE HON’BLE ADDITIONAL CIVIL JUDGE AND JMFC, ANEKAL IN C.C.NO.1056/2009 ON THE FILE OF APPLICATION UNDER SECTION 311 OF CODE OF CRIMINAL PROCEDURE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R An application was filed under Section 311 Cr.P.C by accused to recall P.W.4 for cross-examination has been dismissed by the learned trial judge by impugned order and same has been called in question in this petition.
2. I do not find any good reason to entertain this petition since reasons for delay in filing application have not been assigned by petitioner in his application. Hence, this Court is of the considered view that liberty deserves to be granted to petitioner to file one more application before trial Court explaining reasons for not filing the application for cross-examination of P.W.4 (C.W.2) from 03.08.2012 till 04.12.2018 i.e., for six years. In the event of reason assigned or cause shown is to the satisfactory of learned trial judge, shall pass suitable orders in that regard and necessarily after hearing prosecution also. Subject to this observation, petition stands disposed of.
SD/-
JUDGE RU