IMPORTANT POINT
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 and truthful.

JUDGMENT :

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 04.03.2023 passed in connection with Sessions Trial Case No.477 of 2019 in MCA No.395 of 2023 arising out of Giridih Town P.S. Case No.140 of 2019 corresponding to G.R. No.713 of 2019 registered under Section 147, 148, 149, 324, 302 of the Indian Penal Code by the learned Additional Sessions Judge-IX, Giridih has dismissed the petition filed under Section 311 of Cr.P.C. filed with a prayer to recall the witnesses P.W.1, P.W.2, P.W.3 and P.W.4 for further cross examination.

3. It is pertinent to mention here that in the petition filed under Section 311 Cr.P.C., the accused/petitioner has not disclosed as to which questions he could not put to the witnesses sought to be recalled for further cross-examination; in their respective cross-examination, which is already over nor the petition discloses the questions he intends to put to the witnesses and a vague term has been used that some relevant questions he wants to put to the witnesses.

4. Learned Additional Sessions Judge in the order dated 04.03.2023 has mentioned that the witnesses sought to be recalled for their further cross-examination are eye-witnesses and they have been cross-examined at length on 03.03.2020 and 16.03.2020 respectively and at the time the courts were working in physical mode as the pandemic has not occurred by then and the accused/petitioner has not disclosed any specific question or point on which they want to further cross-examine the witnesses and dismissed the said petition accordingly.

5. Learned counsel for the petitioner submits that during cross-examination due to COVID-19 pandemic proper cross-examination could not be done. Mr. Prabhas Ch. Sinha- learned counsel for the petitioner submits that he will not reply to the question of the Court that since the COVID-19 pandemic and the consequential lockdown did not begin by 03.03.2020 then how the accused/petitioner has taken a ground that he was put to any disadvantage because of COVID-19 pandemic. It is next submitted by the learned counsel for the petitioner that without any valid ground, the learned court below has rejected the petition under Section 311 of Cr.P.C. Hence, it is submitted that the order dated 04.03.2023 passed in connection with Sessions Trial Case No.477 of 2019 in MCA No.395 of 2023 arising out of Giridih Town P.S. Case No.140 of 2019 corresponding to G.R. No.713 of 2019, be quashed and set aside.

6. Learned Addl.P.P. appearing for the State submits that the very ground upon which the prayer for recalling of the witnesses for further cross-examination is sought is that because of COVID-19 pandemic, the accused/petitioner was put to some inconvenience and could not put relevant questions to the witnesses is false and baseless and the conduct of the learned counsel appearing for the petitioner in this case is also based on falsehood. It is further submitted that since the petition filed under Section 311 of Cr.P.C. did not disclose the question which the accused/petitioner intend to put to the witnesses or the point in respect of which such questions are to be put, hence, there was no way the learned trial court could have formed an opinion as to whether such prayer for recalling of the witnesses was for the just decision of the case and in the absence of the same as the petition was vague one; the same has rightly been rejected by the learned Additional Sessions Judge-IX, Giridih. Hence, it is submitted that this Cr.M.P., being without any merit, be dismissed.

7. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that as has rightly been submitted by the learned Addl.P.P. appearing for the State that COVID-19 pandemic or the consequential lockdown did not set in by 03.03.2