- 1 - HC-KAR CNR: KAHC010500792026 NC: 2026:KHC:37875 CRL.P No. 10837 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 10837 OF 2026 BETWEEN: SRI. SYED IRFAN, S/O. LATE SYED JABBAR, AGED ABOUT 44 YEARS, R/AT NO. 503, OLD UPPAR STREET, BETTADAPURA, PIRIYAPATNA TALUK, MYSORE DISTRICT-571 102. …PETITIONER (BY SRI. GAURAV SUBRAMANYAM, ADVOCATE) AND: STATE OF KARNATAKA BY NARASIMHA RAJA POLICE STATION, MYSORE CITY, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) TO SET ASIDE THE ORDER DATED 08.04.2026 PASSED BY THE HON’BLE VII ADDL. DISTRICT AND SESSIONS JUDGE COURT AT MYSORE IN SPL.C NO.29/2024 FILED BY THE RESPONDENT NO.1 NARASIMHARAJA P.S MYSORE FOR THE OFFENCES PUNISHABLE U/S 20(b)(ii)(c), 25 OF NDPS ACT AND ALLOW THE APPLICATION FILED BY THE PETITIONER U/S 311 Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010500792026 NC: 2026:KHC:37875 CRL.P No. 10837 of 2026 OF CRPC DATED 08/04/2026 TO CROSS EXAMINE PW.1 IN SPL.C NO.29/2024 PENDING BEFORE VII ADDL DISTRICT AND SESSIONS JUDGE COURT AT MYSORE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner-accused No.2 is before the Court calling in question an order of the concerned Court dated 8-4-2026 by which, an application filed by the petitioner under Section 311 of the Code of Criminal Procedure seeking further cross- examination of PW-1 in Spl.C.No.29/2024, is being rejected. 2. Heard Sri.Gaurav Subramanyam, learned counsel appearing for the petitioner, Smt.Waheeda M.M., learned HCGP appearing for the respondent and have perused the material on record. 3. Facts in brief, germane, are as follows: - 3 - HC-KAR CNR: KAHC010500792026 NC: 2026:KHC:37875 CRL.P No. 10837 of 2026 3.1. The petitioner gets embroiled in a crime in Crime No.124/2023 for offences punishable under Sections 20(b)(ii)(c), 25, of the Narcotic Drugs and Psychotropic Substances Act, 1985. The matter is now being tried before the concerned Court in Spl.C.No.29/2024. 3.2. The issue is not with regard to the merit of the matter. The petitioner files an application under Section 311 of Cr.P.C., seeking recall of PW-1 for cross-examination. The said application comes to be rejected by the concerned Court, the rejection of which has driven the petitioner to this Court in the subject petition. 4. Learned counsel appearing for the petitioner would vehemently contend that this was the first application filed by the petitioner seeking recall of PW-1 for further cross- examination. The said application ought to have merited favourable consideration, as the petitioner is facing allegations for the offences under Sections 20(b)(ii)(c), 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Therefore, the - 4 - HC-KAR CNR: KAHC010500792026 NC: 2026:KHC:37875 CRL.P No. 10837 of 2026 order of the concerned Court must be set aside and one opportunity must be given to the petitioner, is his vehement submission. 5. The learned HCGP appearing for the respondent- State would though refute the submission but would leave the decision to the Court and admit the fact that this was the application so filed. In the light of the said submission, the order of the concerned court requires to be noticed, which reads as follows: “Accused are present. Counsel for accused No. 2 has filed application U/Sec. 311 of Cr.P.C praying to recall the PW1 for cross examination by accused No.2. Learned public prosecutor has seeks time to file objection. Perused, this is a stage of defence side argument by accused No.2. Argument by accused no.3 was already heard yesterday. At the belated stage application is filed to recall the PW1. Heard learned counsel for accused. Perused. PW1 is examined. on 04.04.2025. After laps of more than one year that to after hearing on defence argument of accused No.3 and also at the middle of addressing the argument by the counsel for accused no.2 this application is filed. Considering the direction issued by Hon'ble Apex court in Special leave petition (Crl.) No. 969/2025 dated - 5 - HC-KAR CNR: KAHC010500792026 NC: 2026:KHC:37875 CRL.P No. 10837 of 2026 22.09.2025 this court of the view that there is no justifiable ground made out to allow the application at this belated stage. Hence, application filed by the accused No.2 U/Sec. 311 of Cr.P.C is hereby rejected. Heard the learned counsel for accused No.2 and reply by Learned public prosecutor. For Judgment. Call on:27.04.2026 Sd/- VII ADJ., Mysuru 08.04.2026” 6. The only reason for rejection of the application is that the application is preferred after one year of the first cross-examination. The order of the concerned court on the face of which broods illegality. The Court ought to have considered the application favourably in the light of it being first one. 7. For the aforesaid reasons, I deem it appropriate to allow the application and pass the following: O R D E R [I] Criminal Petition is allowed. [II] The order dated 08.04.2026 passed by the VII Addl. District and Sessions Judge Court at Mysore in - 6 - HC-KAR CNR: KAHC010500792026 NC: 2026:KHC:37875 CRL.P No. 10837 of 2026 Spl.C.No.29/2024, registered for the offences punishable under Sections 20(b)(ii)(c), 25, of the Narcotic Drugs and Psychotropic Substances Act, 1985, stands quashed. [III] The application so filed by the petitioner stands allowed. [IV] The concerned court shall fix a date for cross- examination of PW.1 and regulate its procedure in accordance with law. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 3 Sl No.: 4