- 1 - NC: 2025:KHC:9943 WP No. 6578 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 6578 OF 2025 (GM-RES) BETWEEN: MRS. CHAMPAKA AGED ABOUT 55 YEARS W/O NAGARAJ NAYAK K.P ANJENEYA ROAD, ANJENEYA BLOCK, 10TH WARD, K.R. NAGARA TOWN, K.R. NAGARA TALUK MYSORE-571 602. …PETITIONER (BY SRI. SACHIN B.S., ADVOCATE) AND: MRS. PRABHAMANI.K.S W/O K.R. SADASHIVA AGED ABOUT 53 YEARS R/AT 15TH WARD, BASAVESHWARA BLOCK, K.R. NAGARA, K.R. NAGARA TALUK MYSORE-571 602. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS PRAYING TO QUASH THE IMPUGNED ORDER AS PER ANNEXURE-A, DATED 23.01.2025 IN CC NO. 222/2023 ON THE FILE ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KRISHNARAJANAGARA AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 311 OF CR.P.C. AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9943 WP No. 6578 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner who is facing charges challenges the trial court order wherein the application filed under section 311 of Cr.P.C. to recall the P.W.1 for further cross examination came to be rejected. 2. Heard the learned counsel for the petitioner. 3. The perusal of the order sheet indicated that the matter was set out for further cross examination of the P.W.1 on 27.12.2024, and on the said date it was declared as Government Holiday, the matter was posted on 30.12.2024. On the said date, the accused prayed for time, and the Trial Court treated the further cross examination of P.W.1 as Nil and posted the matter for defence evidence on 8.1.2025. On 8.1.2025, the accused filed an application for exemption, and the trial court rejected the application and took defence evidence as ‘Nil’ and the matter was set out for arguments on 10.01.2025. 4. The accused had prayed for time only for further cross examination on 30.12.2024, and the Trial Court without offering sufficient opportunity posted the matter for defence evidence. Therefore, if the petitioner is not permitted for further cross examination of P.W.1, it would likely result in conviction of the petitioner-accused and to enshrine fair trial, it - 3 - NC: 2025:KHC:9943 WP No. 6578 of 2025 is appropriate to grant one more opportunity to the petitioner- accused to further cross examine the P.W.1. ORDER i) Writ petition is allowed. ii) The impugned order dated 23.01.2025 passed by the learned Senior Civil Judge and JMFC, Krishnarajanagara in C.C.No.222/2023 is hereby set aside and consequently, the application filed under Section 311 of Cr.P.C. is allowed. iii) The petitioner is permitted to further cross examine P.W.1 on the date on which he would be summoned, failing which, the Trial Court shall proceed in accordance with law. The petitioner is also permitted to lead defence evidence, if any. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 2 Sl No.: 3