IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR JUSTICE K N PHANEENDRA CRIMINAL PETITION No.4947/2017 Between:
SYEDA AMEENA NAYEEM D/O LATE SYED NAYEEM-UR-REHMAN AGED ABOUT 39 YEARS R/AT NO.49, 1ST MAIN ROAD NEW GURAPPANAPALYA BTM LAYOUT 1ST STAGE BANGALORE – 560 029.
NOW PRESENTLY R/AT NO.158/1B, 2ND CROSS, 2ND STAGE, KESREY R.S.NAIDU NAGAR POST MYSORE - 570027. ... PETITIONER (BY SRI AKRAM PASHA, ADV) AND THE STATE OF KARNATAKA BY KORAMANGALA POLICE STATION BANGALORE. ..RESPONDENT (BY SRI SANDESH J CHOUTA, SPP – II) THIS PETITION IS FILED U/S.482 Cr.P.C. TO SET ASIDE THE ORDER DATED 22.1.2017 PASSED BY THE ADDITIONAL JUDGE (CCH-61), BENGALURU IN S.C.NO.277/2009.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner. Perused the records.
2. The petitioner has approached this Court calling in question the order dated 21.02.2017 passed by the trial Court on the application filed under Section 311 of Cr.P.C. in S.C.No.277/2009 on the file of the Addl. Sessions Judge (CCH-61), Bangalore. The trial Court has dismissed the application on two grounds:
(i) The witnesses who are sought to be recalled for further cross examination i.e., PWs 10 to 12, who were already extensively cross examined;
(ii) No grounds are made out in the application filed under Sections 311 Cr.P.C. for recalling the witnesses.
3. On careful perusal of the application filed under Section 311 Cr.P.C. before the trial Court, not even a single sentence is whispered as to why those witnesses have to be recalled. In the above said circumstances, no interference is called for. Hence, the petition is liable to be dismissed and is accordingly dismissed. If the petitioner wants to make another application, he is at liberty to do so.
Brn Sd/- JUDGE