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KARNATAKA HIGH COURT
MR JUSTICE M.NAGAPRASANNA, J
SRI SURESH BABU M – Appellant
Versus
SRI SRINIVAS NAIDU – Respondent
| Table of Content |
|---|
| 1. counsel argues for examination (Para 5) |
| 2. court considers submissions (Para 7) |
| 3. court emphasizes powers under section 311 (Para 9) |
| 4. criminal petition is allowed (Para 10) |
ORAL ORDER
The petitioner is before this Court calling in question an order dated 05.08.2022 by which an application filed by the petitioner under Section 311 of the Cr.P.C. comes to be rejected in C.C.No.36714/2011.
2. Heard Sri. Muniyappa, learned counsel appearing for the petitioner and Sri. B.N. Jagadeesha, learned Additional SPP appearing for respondent No.2.
3. The petitioner gets embroiled in a crime in crime No.24/2011 for offences punishable under Sections 5, 41(A)(B) of Karnataka Levadevi Act, 1961, Sections 3 and 4 of the Karnataka Money Laundering Act, 2004 and Sections 504 and 506 of the Indian Penal Code, 1860. The issue in the lis does not pertain to the merit of the matter or the defence of the prosecution.
4. The petitioner files an application under Section 311 of the Cr.P.C. seeking recall of CW3 on 28.07.2022. The learned Magistrate rejects the application on 05.08.2022. This is called in question by the petitioner before the Court of Sessions in Crl.R.P.424/2022, which come
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