UMESHA Vs. MYSURU SOUTH POLICE

JUDGEMENT

(1.) In the instant petition, petitioner has assailed the order dated 19.1.2019 passed on application filed under Section 311 of Cr.PC for recalling PW1 for further cross- examination.

(2.) Learned counsel for the petitioner submitted that on 26.10.2018, PW1 was cross-examined in part and for further for cross-examination, matter was adjourned to 30th October, 2018. Even though PW1 was present on 30th October, 2018, accused had made a submission that his counsel is not come to the Court. Consequently, Court below proceeded to pass an order that further cross-examination of PW1 is taken as Nil. Summons were issued to PWs.11, 12, 14, 19 and 20 while fixing the date 27.11.2018, whereas petitioner presented an application under Section 311 of Cr.PC on 31.10.2018 for recalling PW1 for cross-examination. However, it has been rejected while assigning the reason at para-9, which reads as under:

(3.) Object of Section 311 of Cr.PC is to give ample opportunity. Section 311 of Cr.PC reads as under: