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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
Jegan – Appellant
Versus
State of Tamil Nadu, Rep. by The Deputy Superintendent of Police – Respondent
| Table of Content |
|---|
| 1. background of case highlighting allegations. (Para 4 , 5 , 6 , 7) |
| 2. arguments on necessity and timing of recall. (Para 8 , 9) |
| 3. analysis of cross-examination and procedural safeguards. (Para 10 , 12 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. determination of grounds for judicial intervention. (Para 11) |
| 5. conclusions and directives for future proceedings. (Para 21 , 22) |
ORDER :
L.VICTORIA GOWRI, J.
Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to the order dated 31.10.2025 passed in Cr.M.P.No.233 of 2025 in Spl.S.C.No.157 of 2020 on the file of the learned Special Court for Trial of Cases under the SC/ST (Prevention of Atrocities) Act, Theni, and to set aside the same and consequently to permit recall of P.W.1 to P.W.7 for cross-examination; and to grant interim stay of further proceedings in Spl.S.C.No.157 of 2020 pending disposal of this petition.
Preface:
2. The power to recall and re-examine a witness is a procedural instrument intended to aid the Court in arriving at the truth, while at the same time preserving the fairness of trial to all stakeholders including the accused, the vi
Cross-examination is fundamental for a fair trial, and the court must balance the rights of both the accused and the victim when permitting recall of witnesses.
The court affirmed that recall of witnesses under Section 311 Cr.P.C. must serve a valid purpose and the previous opportunities for cross-examination were adequate, aligning with the protective manda....
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