Langpu Takhe, Son of Late Langpu Tashi vs State of AP

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Gau) 1024

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SHAMIMA JAHAN
Langpu Takhe, Son of Late Langpu Tashi – Appellant
Versus
State of AP – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Morrik Bagra, Jumnya Rina

JUDGMENT :

SHAMIMA JAHAN, J.

1. The issue which needs to be addressed by this Court is as to whether recalling of witnesses under Section 311 of CRPC ( Section 348 of Bharatiya Nagarik Suraksha Sanhita 2023) can be entertained in the present case or not. The instant petition is filed against the order dated 28-04-2025 passed by the Court of Sessions Judge, Yupia, Arunachal Pradesh in Sessions Case no. 45/2015 (YPA) by which, the recalling of prosecution witnesses No. 2 & 3 was rejected. The trial Court had passed the said rejection order mainly on the ground of engaging new counsel for defence, who had prayed to examine the witnesses again after the said witnesses were already examined and discharged after cross-examination. The trial court observed that if the same is allowed, there would be chaos in trial of the case. The trial court, by considering various judgments passed by various Hon’ble courts, had held that change of counsel cannot be a ground for recalling witnesses. The trial court had also placed reliance on a Supreme Court’s judgement passed in Jagdish Singh Khehar vs. Shiv Kumar Yadav&Anr., reported in (2016) 1 SCC (Crl.) 510, wherein it was held that power under Sectio