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G. CHANDRASEKHARAN
Rajesh Das – Appellant
Versus
State, rep. by Superintendent of Police-II – Respondent
ORDER :
This petition is filed for setting aside the impugned order dated 23.03.2023 passed by the learned Chief Judicial Magistrate, Villupuram in Crl.M.P.No.1962 of 2023 in C.C.No.231 of 2021 and consequently, directing to allow the petition to recall the witnesses PW.1 Tmt.Nisha Parthiban (LW-1) and PW.6 Mr.Parthiban (LW-2) .
2. Learned counsel for petitioner submitted that petitioner filed Crl.M.P.No.1962 of 2023 in C.C.No.231 of 2021 on the file of learned Chief Judicial Magistrate, Villupuram for recalling PW.1 and PW.6. The reason for recalling PW.1 and PW.6 is that after examining them, PW.58 and PW.59 were examined. The evidence of PW.58 and PW.59 has to be confronted with PW.1 and PW.6. There is a large conspiracy against the petitioner, wherein certain top officials conspired to spoil the carrier of petitioner. Only if petitioner is permitted to recall PW.1 and PW.6 for the purpose of further cross examination on the evidence of PW.58 and PW.59, petitioner would be in a position to expose the conspiracy against him and establish his innocence. Without considering the merits in the claim of petitioner, learned Chief Judicial Magistrate, Villupuram, dismissed the petition. C
The main legal point established in the judgment is that recalling witnesses for further cross examination based on the evidence of another witness cannot be entertained, and repeated examination of ....
The power to recall a witness under Order 18 Rule 17 CPC is intended to clarify doubts and not to fill omissions in evidence or to allow for further elaboration on left-out issues.
The court emphasizes the right to cross-examine key witnesses to uphold fair trial principles.
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