- 1 - NC: 2025:KHC:17666 WP No. 5006 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 5006 OF 2025 (GM-RES) BETWEEN: SMT. SUMERA KHANUM, W/O SADRE ALAM, AGED ABOUT 31 YEARS, R/AT NO. 677/48, 'RAMANJANEYA KRUPA', SECOND MAIN, 5TH CROSS, BHAGATH SINGH NAGAR, DAVANAGERE CITY - 577 002. …PETITIONER (BY SRI. RAKSHITH K.S, ADVOCATE) AND: SMT. RAJASHREE, W/O AMBASA SUBHASH, AGED ABOUT 39 YEARS, BEAUTICIAN AND BUSINESS, R/OF BEHIND MADHYAMA TEMPLE, KHANAD SALU, DODDIBEEDI, HARIHAR, DAVANAGERE DISTRICT - 577 601. …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. SET ASIDE THE ORDER DATED 20/07/2024 AT ANNEXURE A PASSED BY THE I ADDL. CIVIL JUDGE AND JMFC, HARIHAR REJECTING THE APPLICATION UNDER SECTION 311 OF THE CODE OF THE CRIMINAL PROCEDURE 1973 SEEKING RECALL OF PW-1 TO TENDER FOR FURTHER CROSS EXAMINATION IN C. C. NO. 1228/2020, AS PER ANNEXURE-A AND ETC., Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17666 WP No. 5006 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner challenges the order passed by the Trial Court, whereby the application filed under Section 311 Cr.P.C. to recall P.W.1 was rejected. The complainant was examined as P.W.1, and when the case was listed for the cross-examination of P.W.1, the accused chose not to cross-examine, prompting the Trial Court to post the matter for defence evidence. 2. Although no sufficient cause has been shown for the failure to cross-examine the complainant, it would be appropriate to grant one more opportunity to the petitioner to cross-examine P.W.1. This is because non-cross-examination would result in the testimony of P.W.1 remaining uncontroverted, which may likely result in a judgment of conviction. In order to ensure a fair trial, as envisaged under Article 21 of the Constitution of India, it is deemed appropriate to afford one more opportunity to the petitioner to cross- examine P.W.1. Hence, the following: ORDER i. Petition is allowed. ii. The impugned order dated 20.07.2024 passed by the I Addl. Civil Judge and JMFC, Harihar in - 3 - NC: 2025:KHC:17666 WP No. 5006 of 2025 C.C.No.1228/2020 on the application filed under Section 311 of Cr.P.C. is hereby set aside and the application is allowed. iii. The petitioner is permitted to cross examine P.W.1 on the date summoned. Failing which, the Trial Court to proceed in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE RKA List No.: 1 Sl No.: 116 CT: BHK