1991 Supreme(AP) 286

Andhra Pradesh High Court
Judges : M.N.RAO, V.SIVARAMAN NAIR
Udaya Gowri - Appellant
Versus
A.P.Rao - Respondent
Decided On : 07-22-91

The jurisdictional pre-condition necessary for ordering the recall of witnesses for further cross-examination under S. 311 of the Code of Criminal Procedure must be satisfied by the Trial Judge.

Headnote:

Recall of Witnesses - Criminal Procedure - The court set aside the order recalling witnesses for further cross-examination as the Trial Judge did not satisfy the jurisdictional pre-condition necessary for ordering such recall under S. 311 of the Code of Criminal Procedure.

Fact of the Case:

The petitioner, a de facto complainant, was examined as P. W. 1. After detailed cross-examination, the respondent first accused filed an application to recall P. Ws. 1 and 6 for further cross-examination, citing that the previous advocate on record could not put some important questions.

Finding of the Court:

The court found that the Trial Judge did not satisfy the jurisdictional pre-condition necessary for ordering the recall of witnesses for further cross-examination under S. 311 of the Code of Criminal Procedure.

Issues: The main issue was whether the Trial Judge had satisfied the jurisdictional pre-condition necessary for ordering the recall of witnesses for further cross-examination under S. 311 of the Code of Criminal Procedure.

Ratio Decidendi: The court held that for ordering the recall of a witness for further cross-examination, the Trial Judge must be satisfied that such recall and re-examination is essential for a just decision of the case, and this jurisdictional requirement was not satisfied in the impugned order.

Final Decision: The petition was allowed, and the order of the Trial Judge recalling P. Ws. 1 and 6 for further cross-examination was set aside. The court directed the trial to proceed expeditiously due to the matter being pending for about six years.