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IN THE HIGH COURT OF DELHI AT NEW DELHI
DINESH KUMAR SHARMA, J.
Ritaj Tripathi – Appellant
Versus
Crl.M.C. 542 of 2023 & Crl.M.A.2142 of 2023 (stay),
The State (N.C.T. Of Delhi) & Anr. - Respondents
Decided on : 27-01-2023
Criminal Procedure Code, 1973 - Section 482, 311 - Cross-examination - Application for recalling - Petition for setting aside order, whereby, application of petitioner/accused for recalling PW-4 and PW-5 was dismissed – Held, Without going in merits of case, in interest of justice and for final adjudication of matter in dispute, let PW-4 and PW-5 be recalled for purpose of cross-examination, subject to cost of Rs.20,000/- to be deposited with Delhi State Legal Services Committee - However, petitioner, after witnesses appeared before learned Trial Court, shall not seek any adjournment - In case petitioner fails to cross-examine PW-4 and PW-5, right shall stand extinguished - Petition disposed of.
JUDGMENT :
DINESH KUMAR SHARMA, J.
Crl.M.A.2143/2023 (exemption)
Exemption allowed subject to all just exceptions.
CRL.M.C. 542/2023
1. This is a petition under Section 482 Cr.P.C. for setting aside the order dated 19.12.2022, whereby, the application of the petitioner/accused under Section 311 Cr.P.C. for recalling PW-4 and PW-5 was dismissed.
2. Learned counsel for the petitioner submits that in the absence of the cross-examination of these witnesses, the learned Trial Court shall not be able to adjudicate the matter.
3. Issue notice. Learned Addl. P.P. for the State accepts notice.
4. Learned Addl. P.P. for the State submits that the application for recalling of the witnesses was moved after three years and there was no plausible reason for recalling of the witnesses.
5. I have considered the submissions.
6. It is a matter of common knowledge that after March 2020, the functioning of the Courts was limited on account of the COVID-19 Pandemic. The present witnesses were examined on 07.02.2019 and 23.03.2019.
7. Without going in the merits of the case, in the interest of justice and for final adjudication of the matter in dispute, let PW-4 and PW-5 be recalled for the purpose of cross-examination, subject to the cost of Rs.20,000/- to be deposited with the Delhi State Legal Services Committee. However, the petitioner, after the witnesses appeared before the learned Trial Court, shall not seek any adjournment. In case the petitioner fails to cross-examine PW-4 and PW-5, the right shall stand extinguished.
8. In view of the above, the present petition along with the pending application stands disposed of.
SupremeToday
The disclosure of specific questions or points for cross-examination is essential when seeking to recall witnesses under Section 311 of Cr.P.C., and the basis for recalling witnesses must be valid an....
The court balanced the rights of both sides and considered the petitioner's undertaking in allowing the recall of witnesses, setting a precedent for imposing conditions for such recalls.
The consent of the prosecutrix for cross-examination and the interest of justice influenced the court's decision to grant the petitioner an opportunity for cross-examination of witnesses.
The main legal point established is that applications for recalling witnesses for cross-examination must provide specific reasons or grounds, and vague applications aimed at delaying the trial will n....
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