The court confirmed the authority to recall witnesses under Section 311 Cr.P.C. is intended to ensure a just trial, balancing the need for complete evidence against the rights of the accused.

ORDER :

L.VICTORIA GOWRI, J.

This Criminal Original Petition is filed by the third accused in S.C.No.47 of 2016 on the file of the learned Additional District and Sessions Judge, Sivagangai, invoking the inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure), seeking to set aside the order dated 01.11.2025 passed in Crl.M.P.No.7 of 2024, whereby the learned Trial Court allowed a petition filed under Section 311 Cr.P.C., 1973, to recall and further examine P.W.1 and P.W.2. The petitioner has also sought for an order of stay of all further proceedings in S.C.No.47 of 2016 till the disposal of the present petition.

Case of the prosecution:

2. The petitioner is arrayed as A3 in S.C.No.47 of 2016. The prosecution case, in brief, is that owing to prior enmity, the accused, who are nine in number, unlawfully assembled, armed with deadly weapons, attacked one Saravanan and one Sivagami and caused injuries resulting in their death on the spot. On the basis of the complaint lodged, a case was registered in Crime No.255 of 2015 for offences under Sections 1206(b), 294(b), 114, 147, 148, 341, 302, 34, 506(ii) and 149 I.P.C., and later altered to Sections 147 , 148, 294(b), 302 and 120-B I.P.C. After completion of investigation, final report was filed and the case was taken on file as S.C.No.47 of 2016.

3. It is not in dispute that the trial has substantially progressed. As seen from the impugned order, the prosecution has cited 52 witnesses. Prosecution witnesses up to P.W.51 have been examined and the trial is at the fag end. P.W.1 Narayanan was examined in chief and cross-examined on 12.05.2021. P.W.2 Balaji was examined in chief and cross-examined on 27.08.2021. In the year 2024, the de-facto complainant / prosecution moved Crl.M.P.No.7 of 2024 before the learned Trial Court under Section 311 Cr.P.C., 1973, seeking recall of P.W.1 and P.W.2 for the limited purpose of further examination regarding the “case properties”, namely, the weapons and other material objects involved in the occurrence, which had allegedly been omitted to be put to them by the then Special Public Prosecutor.

4. The learned Trial Court, by order dated 01.11.2025, allowed the petition, recording, inter alia, that P.W.1 and P.W.2 are eye- witnesses to the occurrence, the weapons (aruval and wooden logs) and other material objects were already part of the case, seized during the investigation and produced before the Court by way of Form-95, the omission to question P.W.1 and P.W.2 regarding these material objects was inadvertent, and for a just and fair adjudication, all relevant evidence including in relation to the case properties should be brought on record.

5. While allowing the petition, the learned Additional District and Sessions Judge imposed a specific condition that the prosecution shall produce P.W.1 and P.W.2 on the next hearing date i.e., 01.12.2025, and complete their examination on that date itself, and that no further opportunity would be granted thereafter. Aggrieved by the said order, the present petition has been filed by A3.

Submissions:

6. The learned counsel for the petitioner contended in substance as follows:

P.W.1 and P.W.2 were examined in the year 2021 and cross-examination was also completed. After a lapse of more than three ye