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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR
State, represented by The Inspector of Police Central Bureau of Investigation – Appellant
Versus
M.P. Kaliyaperumal, S/o. Late Shri.R.Pichai – Respondent
| Table of Content |
|---|
| 1. cbi seeks re-examination of witness (Para 1 , 2 , 3) |
| 2. contestation against re-examination due to introduction of new facts (Para 4 , 5 , 6 , 7) |
| 3. court's analysis of trial court's decision (Para 8) |
| 4. court's ruling on re-examination permission (Para 9 , 10) |
| 5. conclusion on the case ruling (Para 11) |
ORDER :
M. NIRMAL KUMAR, J.
1. The Central Bureau of Investigation (CBI) had filed the above petition challenging the order passed by the trial Court on 19.08.2025, whereby denying permission sought for by the learned Public Prosecutor to re-examine PW-116.
2.The contention of the learned Special Public Prosecutor appearing for the petitioner/CBI is that in this case there are totally 8 accused. A1/M.P.Kaliyaperumal is the Head/Consultant of Vocational Training and Entrepreneurship Development (VTED) Division in Rajiv Gandhi National Institute of Youth Development (RGNIYD), Sriperambadur and A2/T.Gopinath is the Training Officer in RGNIYD. A3 to A7 are from SRM Infotech Computer Education.
3.The case against the accused is that A1 and A2 entered into a conspiracy with A3 to A7 in issuance of work orders for imparting computer training to rural candidates, thereby fabricat
Re-examination of witnesses is a right of the Public Prosecutor to clarify ambiguities from cross-examination without restricting the scope of questions asked, but new facts require court permission.
Re-examination of witnesses under Section 138 of the Evidence Act is crucial for clarification of ambiguities, allowing for new matters with court permission, enhancing fairness in trials.
Section 311 CrPC reads as power to summon material witness, or examine person present.
Re-examination of a witness is permissible to clarify ambiguities or introduce necessary documents, not merely to fill gaps in evidence, ensuring a just decision.
The right to cross-examine witnesses is fundamental to a fair trial, and courts must allow re-examination if essential for justice.
Section 311 Cr.P.C. allows courts to summon additional witnesses at any stage for just decision-making, underscoring the importance of ensuring no evidence essential to the truth is left out.
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