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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 25^TH DAY OF FEBRUARY 2021

BEFORE

THE HON’BLE MR. JUSTICE P. KRISHNA BHAT

CRL.P.NO.100102 OF 2021

BETWEEN

1.

SRI. PRAKASH VITHAL POL

AGED ABOUT 37 YEARS,

OCC. BUSINESS,

JATRAT VES, NIPPANI,

TQ. CHIKODI,

DIST. BELAGAVI-590001

2.

SRI. SURAJ BALKRISHNA PATIL

AGED ABOUT 31 YEARS,

OCC. MECHANIC,

R/O. LAKHANAPUR VILLAGE,

TQ. NIPPANI, DIST. BELAGAVI 590001

3.

SRI. KIRAN VITHAL POL

AGED ABOUT 50 YEARS,

OCC. BUSINESS,

R/O. JATRAT VES, NEAR SHIVA TEMPLE,

DHOR GALLI, NIPPANI,

TQ. NIPPANI, DIST. BELAGAVI 590001

4.

SRI. CHANDRAKANT KIRAN POL

AGED ABOUT 24 YEARS,

OCC. BUSINESS,

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R/O. JATRAT VES, NEAR SHIVA TEMPLE,

DHOR GALLI, NIPPANI,

TQ. NIPPANI, DIST. BELAGAVI 590001.

...PETITIONERS

(BY SRI. RAMACHANDRA A MALI, ADV.,)

AND

THE STATE OF KARNATAKA

REP. BY NIPPANI TOWN POLICE,

NOW REP. BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

DHARWAD BENCH, DHARWAD 580011.

…RESPONDENT

(BY SRI. PRAVEEN K UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,

SEEKING TO QUASH THE IMPUGNED ORDER DTD.23/12/2020 IN

S.C.NO.146/2017 PASSED BY LEARNED VII ADDL. DISTRICT AND

SESSIONS

JUDGE,

BELAGAVI

SITTING

AT

CHIKKODI

ON

APPLICATION DTD.24/11/2020 IN S.C.NO.146/2017 INSOFAR AS

THE SAME RELATES TO REJECTING THE APPLICATION FOR

RECALLING OF PW1 TO 3 AND PW 5 FOR FURTHER CROSS

EXAMINATION BY THE DEFENSE AS THE SAME BEING NOT

SUSTAINABLE

IN

LAW

AND

CONSEQUENTLY

ALLOW

THE

APPLICATION DTD.24/11/2020 FILLED U/SEC.311 OF CR.P.C. IN

S.C.NO.146/2017 ON THE FILE OF VII ADDL. DISTRICT AND

SESSIONS JUDGE, BELAGAVI, SITTING AT CHIKKODI AS PRAYED

FOR THEREIN.

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THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE

COURT MADE THE FOLLOWING:

ORDER

In this petition filed under Section 482 of Cr.P.C.,

the petitioners are praying for setting aside the order

dated 23.12.2020 passed on an application filed by them

under Section 311 of Cr.P.C., in S.C.No.146/2017 on the

file of the learned VII Additional District and Sessions

Judge, Belagavi, Sitting at Chikkodi, by which the request

of recalling P.W.1 to P.W.3 and P.W.5 for further cross-

examination was rejected.

2.

The petitioners have been charge sheeted for

offences punishable under Sections 341, 323, 307, 504,

56 read with Section 34 of IPC and after committal, the

case is pending before the learned VII Additional District

and sessions Judge, Belagavi, sitting at Chikkodi in

S.C.No.146/2017. The charges have been framed and the

trial is in progress. The certified copies produced show

that P.W.1 was examined on 27.12.2018, P.W.2 and P.W.3

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were examined on 22.03.2019 and P.W.5 was examined on

06.11.2020.

3.

On

25.11.2020,

the

accused

changed

their

learned defence counsel and thereafter filed an application

under Section 311 of Cr.P.C., with a prayer to recall P.W.1

to 5 for cross-examination. Learned Public Prosecutor filed

his objections. After hearing, the learned Sessions Judge

has passed the impugned order dated 23.12.2020 allowing

the application only insofar as recalling of P.W.4 is

concerned and rejecting the prayer for recalling P.W.1 to

P.W.3 and P.W.5. Aggrieved by the said order dated

23.12.2020, the present petition has been filed.

4.

Learned counsel for the petitioners submits that

the accused-petitioners had engaged a learned counsel for

defending them in the case before the learned Sessions

Judge and due to lack of experience, he could not cross-

examine

P.W.1

to

P.W.3

and

P.W.5

effectively

and

comprehensively. He submits that on account of the same

various contradictions and omissions were not elicited

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from the witnesses even though during trial they had

come out with entirely a new case. He therefore, submits

that unless P.W.1 to P.W.3 and P.W.5 are recalled and an

opportunity

of

cross-examining

them

further

is

not

afforded

to

the

petitio