The application for recalling a witness under S.311 CrPC must be justified with valid reasons; mere change of counsel or delay does not suffice.

1. Heard.

2. The present application has been filed for the following main reliefs: -

"Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the Learned Court Below to quash the order dated 05.11.2024 passed by Learned Sessions Judge, FTC, Ayodhya, in Session Trial No. 195/2021, under S.3/5Ka / 5Kha / 8 Prevention of Cow Slaughter Act and S.11Gha of Prevention of Animal Cruelty Act, Police Station - Patranga, District Ayodhya / Faizabad, 'State Vs Abdul Rashid, by which the application of the applicant / accused filed for recall of witness i.e. PW - 9 (S.I. Sudhakar Yadav), has been rejected in a biased manner, without considering the material available on record and the opportunity of cross - examination has also been closed, and further direct the Learned Trial Court to summon and examine the PW - 9 (S.I. Sudhakar Yadav) for cross - examination, in the interest of justice."

3. The present application has been filed by the applicant challenging the order dated 05.11.2024, passed by Sessions Judge, FTC, Ayodhya (in short 'trial court') on an application preferred by the applicant under S.311 CrPC praying therein to recall P.W. - 9 / Sub Inspector Sudhakar Yadav (Investigating Officer).

4. The relevant facts of the case have been narrated in paragraphs 4 to 17 of this application, which are extracted hereunder: -

"4. That brief facts of the case are that a false and fabricated First Information Report was lodged by the Opposite Party No.2 on 22/06/2021, which was registered as F.I.R. / Case Crime No. 139/2021, under S.3/5Ka / 5Kha / 8 Prevention of Cow Slaughter Act and S.11Gha of Prevention of Animal Cruelty Act, Police Station Patranga, District Ayodhya / Faizabad. A Photo / typed copy of the F.I.R. dated 22.06.2021 is annexed herewith as Annexure No. 2 to this affidavit.

5. That the applicant is not named in the aforesaid First Information Report.

6. That the investigating officer investigated the matter and filed the charge sheet on 04/09/2021 against the applicant and one another and in the said chargesheet 20 names of the prosecution witnesses have been mentioned. A copy of the chargesheet dated 04/09/2021 is being annexed herewith as ANNEXURE No.3 to this petition.

7. That during course of trial the investigating officer i.e. Sub Inspector Sudhakar Yadav was examined as PW - 9, on 27/09/2024 and the counsel for the applicant requested for postponing the date for cross - examination, but the Learned Trial Court refused to postpone the case and closed the opportunity of cross - examination on same day i.e. on 27/09/2024. A copy of the statement of Chief as PW - 9 is being annexed herewith as ANNEXURE No.4 to this petition.

8. That the Learned Trial Court rejected the said request and proceeded to close the right for cross - examination.

9. That after taking the copy of the statement of witness PW - 9 on 27/09/2024, who is the investigating officer of the case, the Learned Trial Court closed the opportunity of the applicant for cross - examination on same day i.e. on 27/09/2024, as such the applicant moved an application on 19/10/2024 before the Learned Trial Court under S.311 CrPC for recall of the witness PW - 9 / Investigating Officer for cross - examination. A copy of the application dated 19/10/2024 is being annexed herewith as ANNEXURE No.5 to this petition.

10. That in the application under S.311 CrPC it has been mentioned that PW - 9 has inserted the new facts in his statement, as such the cross - examination of the Investigating Officer is inevi