The court may allow the recall of witnesses for cross-examination under Section 311 Cr.P.C. to ensure a fair trial and prevent prejudice to the accused, provided the request is reasonable and subject to costs.

PRAYER:

Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to call for the records in Crl.M.P.No.15592 of 2025 in C.C.No.314 of 2019 on the file of the learned Judicial Magistrate No.I, Vellore and to set aside the order dated 27.11.2025 made in Crl.M.P.No.15592 of 2025 in C.C.No.314 of 2019 on the file of the learned Judicial Magistrate No.I, Vellore.

O R D E R

The present Criminal Original Petition has been filed seeking to set aside the order passed by the learned Judicial Magistrate No.I, Vellore, in Crl.M.P.No.15592 of 2025 in C.C.No.314 of 2019, dated 27.11.2025, dismissing the petition filed by the petitioners under Section 311 Cr.P.C to recall PW1 to PW3 for the purpose of cross-examination.

2. Learned counsel appearing for the petitioners submitted that the petitioners, who are arrayed as accused 1 to 5, are facing trial in C.C.No.314 of 2019 on the file of the learned Judicial Magistrate No.I, Vellore, for the offences under Sections 147, 294(b), 323, 341 and 506(1) of IPC. He further submitted that when PW1 to PW3 were examined in chief on 19.11.2025, the petitioners were unable to give proper instructions to their counsel for cross-examining the said witnesses and therefore, the evidence was closed. Subsequently, the petitioners filed a petition under Section 311 Cr.P.C. seeking to recall PW1 to PW3, which came to be dismissed by the trial Court.

3. He further submitted that if the petitioners are not given an opportunity to cross-examine the witnesses, they would be put to a great predicament. Hence, he prayed that the order passed in Crl.M.P.No.15592 of 2025 dated 27.11.2025 be set aside and that the petitioners be permitted to to recall PW1 to PW3 for cross-examination, on terms as to costs.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioners failed to cross-examine the witnesses on the date when they were examined in chief. The trial Court, taking note of the direction issued by this Court in Crl.O.P.No.7602 of 2025 to dispose of the case within six months, dismissed the recall petition vide order dated 27.11.2025.

5. On the enquiry made by this Court as to whether the respondent police would be able to produce the witnesses on a particular date to be fixed by the trial Court, the learned Government Advocate (Criminal Side), on instructions, submitted that the witnesses are residents of a nearby village and the respondent would be able to produce them before the trial Court.

6. Having heard the learned counsel appearing on either side and upon perusal of the materials available on record and considering the fact PW1 to PW3 were not cross-examined by the petitioners, this Court is inclined to grant one opportunity to the petitioners to cross-examine that PW1 to PW3, subject to payment of costs.

7. Accordingly, this Criminal Original Petition is allowed and the order passed by the learned Judicial Magistrate No.I, Vellore, in Crl.M.P.No.15592 of 2025 in C.C.No.314 of 2019, dated 27.11.2025, is set aside, on condition that the petitioners deposit a sum of Rs.3,000/- (Rupees Three Thousand only) before the trial Court on or before 24.12.2025.

8. On such deposit made by the petitioners, the learned trial Judge shall recall PW1 to PW3 and fix a date for their cross-examination. It is made clear that the petitioners shall cross-examine the said witnesses on the very same day of their appearance. In the event of their failure to do so, they will lose the opportunity to cross-examine the witnesses.