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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MOHAMMAD NAWAZ
S.B. Vikram, S/O. Dr. S. Bhaskar – Appellant
Versus
B. Venkatesh, S/O. Late B.K. Raman – Respondent
| Table of Content |
|---|
| 1. overview of criminal petitions and respondents' roles. (Para 1 , 2 , 4) |
| 2. petitioners argue need for further cross-examination. (Para 5 , 6) |
| 3. respondent's counterarguments regarding application for witness recall. (Para 7 , 8) |
| 4. court's observations on the trial proceedings and section 311 cr.p.c. (Para 9 , 10) |
| 5. court dismisses petitions, asserting no error in magistrate's decision. (Para 11 , 12 , 13) |
| 6. final remarks on the petition's disposal. (Para 14) |
ORDER :
Mohammad Nawaz, J.
In all these petitions, parties are one and the same. Petitioners are the accused and respondent is the complainant, before the trial Court.
2. The learned XVI Additional Chief Judicial Magistrate, Bengaluru, vide impugned orders dated 11.11.2025, has rejected the applications filed by the accused under Section 311 of Cr.P.C. in all the petitions.
3. Petitioners are seeking to set aside the impugned orders and to allow them to further cross-examine PW1/respondent, and PW2.
4. All these petitions arise out of the same issue, wherein the proceedings are initiated before the trial Court by the respondent/complainant for an offence punishable under Section 138 of N.I. Act in respect of dis
Section 311 Cr.P.C. affords discretionary power to recall witnesses but must be exercised with caution, not to prolong proceedings without compelling reasons.
The main legal point established is the judicious exercise of discretionary power under Section 311 of the Cr.P.C. to ensure the just decision of the case, considering the essentiality of evidence an....
The power to recall a witness for cross-examination under Section 311 Cr.P.C. should be exercised judiciously and only when essential for a just decision, in accordance with the principles enumerated....
Power under Section 311 Cr.P.C. has to be exercised only when it is essential for just decision of case.
The discretionary power under Section 311 of the Cr.P.C. must be exercised judiciously to prevent abuse of the legal process, especially in long-pending cases.
The court upheld the dismissal of a petition for recalling a witness for cross-examination due to lack of concrete reasons and previous ample opportunities for cross-examination.
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