- 1 - NC: 2025:KHC-D:1706 CRL.P No. 103869 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103869 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: MANTESH S/O. DEVAPPA BHAJANTRI AGE. 30 YEARS, OCC. DRIVER, R/AT. BIDARALLI, TQ. MUNDARAGI AND DIST. GADAG-582118. …PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA MUNDARGI POLICE STATION, GADAG, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DAHRWAD BENCH, AT DHARWAD. 2. BASAVARAJ S/O. SHANKRAPPA ISHAPUR AGE. 48 YEARS, OCC. LABOURER, R/AT. BIDARALLI, TQ. MUNDARGI AND DIST. GADAG-582118. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH THE IMPUGNED ORDER DATED 13/11/2024 I.E. ANNEXURE-A PASSED ON APPLICATION AS FILED BY THE PETITIONER U/SEC. 311 OF CR.P.C. PENDING BEFORE THE COURT OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT.GADAG IN SC.NO.17/2019 FOR THE OFFENCE PUNISHABLE U/SEC. 363, 342, 376, 509 OF IPC, 1860 AND 4 AND 5(L) OF POCSO ACT, 2012 AND SEC. 3 R/W 180 M.V. ACT, AND ALLOW THE SAME. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.05 12:54:38 +0530 - 2 - NC: 2025:KHC-D:1706 CRL.P No. 103869 of 2024 CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner seeks to recall P.W.1 (the survivor) for further cross-examination. It is noted that P.W.1 was cross-examined on 16.03.2020. The application under Section 311 of the Cr.P.C. for recalling P.W.1 was filed on 21.10.2024. However, the petitioner has not provided a plausible explanation for the inordinate delay in filing this application. 2. Section 311 of the Cr.P.C. empowers the Court to summon any person, including a witness, or recall a witness already examined, if it is deemed necessary to ensure the just and fair trial. However, such applications must be filed within a reasonable time frame. In this case, there is a significant delay of more than four years from the date of cross-examination of P.W.1, and the petitioner has failed to offer any satisfactory explanation for the delay. 3. Given the lack of a reasonable explanation for the delay, the petition for recalling P.W.1 for further cross-examination is dismissed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 2 Sl No.: 11