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.

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 victim, and the society. A criminal trial cannot be reduced to a mere ritual of recording chief-examination without affording a meaningful opportunity for cross-examination, subject however to reasonable safeguards against abuse, delay, and harassment.

3. The present petition challenges the order of the learned Special Court dismissing the petitioner’s application filed under Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter, “ BNSS ”) seeking recall of P.W.1 to P.W.7 for cross-examination in Spl.S.C.No.157 of 2020.

Factual background:

4. The first respondent police registered a case in Crime No. 101 of 2019 for alleged offences under Sections 147 , 294(b), 323 IPC , and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, and Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 2015, on the complaint of the second respondent.

5. The prosecution case, in substance, is that owing to a land dispute, on 02.02.2019 at about 10.30 hours, when the de facto complainant and her sisters-in-law were sitting in front of the de facto complainant’s house, the accused came there, abused them in filthy language, and attacked them.

6. The final report was filed and taken on file as Spl.S.C.No. 157 of 2020 before the learned Special Court for Trial of Cases under the SC/ST (Prevention of Atrocities) Act, Theni. During trial, P.W.1 to P.W.3 were examined on 19.09.2024, P.W.4 and P.W.5 were examined on 14.10.2024, P.W.6 was examined on 13.11.2024 and P.W.7 was examined on 12.12.2024. It is not in dispute that these witnesses were not cross-examined on the dates of their examination.

7. The petitioner thereafter filed Cr.M.P.No.233 of 2025 under Section 348 BNSS seeking recall of P.W.1 to P.W.7 for cross- examination. The learned Trial Court, by order dated 31.10.2025, dismissed the said petition, essentially on the reasoning that the petition did not specify the nature of documents said to have been obtained later, that such documents were not enclosed and that the accused had time from 2020 to 2024 to procure documents, and the belated request after chief-examination was not acceptable. Aggrieved thereby, the petitioner has invoked the inherent jurisdiction of this Court under Section 528 .

Submissions:

8. The learned counsel for the petitioner submitted that cross- examination of P.W.1 to P.W.7 could not be done due to non- availability of certain revenue proceedings, which have now been obtained, namely the proceedings of the Tahsildar, Theni in Na.Ka.SFI.13,14,15,17/2016/A8 dated 02.01.2017 and the proceedings dated 02.01.2017 of the Deputy Tahsildar, Theni. It is contended that these documents are relevant to the land dispute which forms the background of the occurrence and are necessary for an effective de