Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 33736

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
Muthu @ Palaya Muthu – Appellant
Versus
The Inspector of Police Muthaiyapuram Police Station Thoothukudi District – Respondent
Crl.OP.(MD)No.2645 of 2024|Crl.M.P.(MD).No.2060 of 2024|SC.No.14 of 2019|Crl.MP.No.22 of 2024|Crime No.167 of 2015

Advocates:
For the Appellants/Petitioners: M/s.KA.Raamakrishnan
For the Respondents: Mr.R.Meenakshi Sundaram Additional Public Prosecutor

For Section 311 Cr.P.C. applications to recall witnesses, only accused's conduct post-chief examination is relevant, not prior delays.

Headnote:First Paragraph: Relevant provisions include Section 311 Cr.P.C. (now BNSS) and Sections 120(b), 341, 295(b), 506(ii), 302 IPC. Accused charged in ongoing trial; prosecution witnesses 1-5 examined on 04.12.2023; application to recall for cross-examination filed on 02.01.2024 dismissed by trial court citing prior delay. High Court finds only post-chief examination conduct relevant, sets aside dismissal, restores application, directs single-day cross-examination. Second Paragraph: Issue framed as whether trial court erred in dismissing Section 311 application based on pre-examination delay. Ratio: Court must consider accused's conduct only after witness chief-examination for Section 311 applications; prior delays irrelevant. Third Paragraph: Criminal Original Petition allowed.

Table of Content
1. background of dismissed section 311 application in murder trial. (Para 2)
2. petitioner's contention on timely filing post-examination. (Para 3)
3. only post-chief examination conduct relevant for section 311. (Para 4 , 5)
4. order set aside, application restored with cross-examination directions. (Para 6)

ORDER

The present petition has been filed by the 2ndaccused in S.C.No.14 of 2019 on the file of the II Additional District and Sessions Judge, Thoothukudi, wherein, application filed by the petitioner underSection 311ofCr.P.C.was dismissed.

2. A perusal of the records reveals that the petitioner and others were charged with offences punishable under Sections 120(b), 341, 295(b), 506(ii), and 302 of the . The trial is pending before the concerned Court. P.Ws. 1 to 5 were examined on 04.12.2023. The petitioners’ counsel sought time to cross- examine the prosecution witnesses on the ground that he had not visited the scene of occurrence. Thereafter, the petition under Section 311 Cr.P.C. was filed on 02.01.2024. The trial Court dismissed the said application, relying on the delay caused by the accused prior to 04.12.2023. Challenging the same, the present petition has been filed.

3. The learned Counsel appearing for the petitioner would submit that P.Ws. 1 to 5 were examined on 04.12.2023, and that the application was filed on the next date of hearing. Therefore, the trial Court was not justified in relying upon the proceedings that had taken place prior to 04.12.2023.

4. Heard the learned Counsels appearing on either side and perused the materials available on record.

5. As rightly contended by the learned Counsel for the petitioner, only the conduct of the accused after the chief-examination has to be taken into consideration while considering the merits of an application filed under Section 311 Cr.P.C. In the present case, P.Ws. 1 to 5 were examined on 04.12.2023, and on the next date of hearing, i.e., 02.01.2024, the present application was filed to recall P.Ws. 1 to 5.

6. In such circumstances, the order passed in Crl.M.P.No.22 of 2024 in S.C.No.14 of 2019 is hereby set aside and the application filed under Section 311 of Cr.P.C. stands restored. The petitioners are directed to complete the cross-examination on a single day.

7. With the above said observations, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed.

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2026 Supreme(Online)(Mad) 33736

IN THE HIGH COURT OF JUDICATURE AT MADRASR.VIJAYAKUMAR, JMuthu @ Palaya Muthu – AppellantVersusThe Inspector of Police Muthaiyapuram Police Station Thoothukudi District – RespondentCrl.OP.(MD)No.2645 of 2024|Crl.M.P.(MD).No.2060 of 2024|SC.No.14 of 2019|Crl.MP.No.22 of 2024|Crime No.167 of 2015

For Section 311 Cr.P.C. applications to recall witnesses, only accused's conduct post-chief examination is relevant, not prior delays.