Case Has Not Yet Reached Finality Even After 15 Years: Madras HC Dismisses Application To Recall Witnesses As Delay Tactic
The Madras High Court dismissed an application to recall witnesses, noting that it was done only to delay the process further as the criminal case had not reached its finality even 15 years after it was filed.
The Bench stated that the accused cannot unnecessarily seek for adjournment without cross examining the witnesses and cause further harassment to the witnesses. The Court also noted that the case had been pending since 2009 and that any further delays would be against the interest of justice.
A Single Bench of Justice G. Jayachandran observed, “When the witnesses present, the accused cannot unnecessarily seek for adjournment without cross examining the witnesses and to cause harassment to the witnesses. It is not the will and wish of the accused to examine the witnesses as if he feels convenient. For not cross examining PW.1, who was examined in chief five years ago, he cannot refuse to cross examining other witnesses are present. In this case precisely, the petitioner has adopted the techniques. The trial Court has rightly pointed out and declined to entertain the petition under Section 311 Cr.P.C.”
Advocate B. Manoharan represented the petitioners, while GA S. Udaya Kumar appeared for the respondent.
The trial court had declined the petition under Section 311 of the CrPC made to cross-examine three witnesses together. The petitioners argued that the cross-examination of the witnesses was crucial and if the witnesses were not permitted to be recalled, then it would cause “great prejudice.”
The police on the other hand argued that the accused under “the guise of fair opportunity” was trying to delay the process of the court and urged the Court to “not be a silent spectator.”
The Bench supported the trial court's decision, stating that the petitioners were attempting to delay the trial and that “it is not the will and wish of the accused to examine the witnesses as if he feels convenient.”
The Court observed, “This Court finds that the said order is absolutely in tune with the direction of the Hon'ble Supreme Court and the provisions of law. The case which was registered in the year 2009 not yet reached the finality even after 15 years. The present application to recall the witnesses, it is only delay the process further and will not be in the interest of justice. Hence this Criminal Original Petition is dismissed.”
Accordingly, the High Court dismissed the petition.
Cause Title: Imrankan & Ors. v. The Sub Inspector of Police
Appearance:
Petitioners: Advocate B.Manoharan
Respondent: GA S.Udaya Kumar
