- 1 - NC: 2025:KHC:9904 W.P. No.6571/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO.6571/2025 (GM-RES) BETWEEN: SRI. PRAVEEN .S ADVOCATE AGED ABOUT 40 YEARS S/O SATHYA REDDY RESIDING AT FLAT NO.404, SAI SATYAM HORAMAVU AGARA, BANGALORE- 560 043 E-MAIL PRAVEEN@BANGALORELEGAL.CO.IN MOB 7019705152. …PETITIONER (BY SRI. MANJUNATH H, ADV.,) AND: SMT. PRATHIBHA K.R. AGED ABOUT 40 YEARS W/O PRAVEEN .S D/O LATE T.S. RAMACHANDRE GOWDA RESIDING AT 2ND MAIN, 5TH WARD RAJKUMAR NAGAR, KANAKANAPALYA KOLAR-563101 MOB 8892722469 …RESPONDENT (NOTICE TO RESPONDENT IS D/W) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO CALL FOR RECORDS Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9904 W.P. No.6571/2025 IN CRL.MISC.NO. 15/2015 PENDING ON THE FILE OF THE HON'BLE MMTC-I AT BANGALORE. SET ASIDE AND QUASH THE ORDER DTD. 24.01.2025 IN CRL.MISC.NO. 15/2015 PENDING ON THE FILE OF THE HON'BLE MMTC-I AT BANGALORE i.e., ANNX-A & ETC. 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 who is respondent before the Trial Court in the proceedings under Section 12 of the Domestic Violence Act is before this Court challenging the order passed by the Trial Court wherein the application filed under Section 311 Cr.P.C. to recall PW-1 for further cross examination came to be rejected. 2. Heard the learned counsel for the petitioner. 3. The perusal of the application filed under Section 311 Cr.P.C. indicated that the petitioner intends to further cross examine PW-1 to confront certain judicial order passed against the respondent herein i.e. the aggrieved person. The Trial Court rejected the application stating that the respondent herein has been fully cross-examined and judicial orders can be produced at the time of evidence of the - 3 - NC: 2025:KHC:9904 W.P. No.6571/2025 petitioner herein. The petitioner contends that the confrontation of the documents to the respondent herein is necessary to elicit certain admissions. 4. In view of the above, the petitioner has made out a prima-facie case to recall PW-1 for further cross examination. Accordingly, petition is allowed. The impugned order dated 24.01.2025 passed by MMTC-1 at Bengaluru in Crl. Misc. No.15 /2015 on the application filed under Section 311 Cr.P.C. is hereby set-aside and the application is allowed. 5. The petitioner is permitted to cross examine PW- 1. Further cross examination of PW-1 on the date on which he summoned. 6. Office objections are over-ruled. 7. Service of notice to respondent No.2 is dispensed with. Sd/- (HEMANT CHANDANGOUDAR) JUDGE CHS List No.: 1 Sl No.: 55