An appellate court is required to consider all pending challenges, including interlocutory applications like those under S. 311 Cr.P.C., during the substantive appeal process, and such matters should generally be consolidated for an expeditious disposal within a fixed timeline.

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS, 2023 PRAYING TO I) PASS AN APPROPRIATE ORDER/ DIRECTION TO THE LEARNED DISTRICT AND SESSIONS JUDGE RAMANAGARA, TO BE HEARD AND DECIDE THE CRL.REV.PET NO.7/2025 PRIOR TO THE MAIN APPEAL I.E. CRIMINAL APPEAL NO-17/2024, WITHIN A PERIOD OF TWO MONTHS, VIDE ANNEXURE-B AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

1. The petitioner is before the Court seeking the following prayers:

"WHEREFORE, it is respectfully prayed that, this Hon'ble Court may kindly be pleased to issue writ of MANDAMUS or any other order or direction in the nature of writ:-

1) Pass an appropriate order/direction to the learned PRINCIPAL DISRICT AND SESSIONS JUDGE: RAMANAGARA, to be heard and decide the Crl.Rev.Pet No.17/2025 prior to the main appeal i.e.. Criminal Appeal No-17/2024, within a period of two months, vide ANNEXURE-B, and,

ii) To pass such other or further orders as this Hon'ble Court may be deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity."

2. The petitioner is the accused in a transaction with the complainant which becomes the proceedings before the concerned Court for offence punishable under Section 138 of the Negotiable Instruments Act, 1881. An application is preferred by the petitioner seeking recall of the complainant for further cross-examination which comes to be rejected under Section 311 of the Cr.P.C. The rejection of application is called in question before the concerned Court in Crl.R.P.No 7/2025 which is filed prior to the filing of the appeal in Crl.A.No.17/2024. The appeal is preferred against the conviction of the petitioner. Therefore he is before the Court seeking a direction for expeditious disposal of the appeal so filed and would also contend that a direction should be issued for disposal of the Criminal Revision Petition.

3. In that light, there can be no direction to dispose the Criminal Revision petition which challenges an application filed before the trial Court which has ended in conviction. Therefore the appellate court shall consider all these submissions, even the factum and the veracity of the rejection of application under Section 311 of Cr.P.C and pass necessary orders in accordance with law, within an outer limit of 3 months from the date of receipt of copy of the order.