The High Court
Case Details
- 1 - NC: 2025:KHC:14650 CRL.P No. 5041 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRL.P.NO.5041/2025 (482(Cr.PC)/528(BNSS)) BETWEEN: ANANTHARAJU. M S/O GOPIRAPPA, AGED ABOUT 42 YEARS, R/AT H.NO. 9-40/5/1/A, SANJEEV REDDY COLONY, ARYA NAGAR, NIZAMABAD CITY, TELENGANA STATE-503001. (BY SRI. A N RADHA KRISHNA, ADV.) …PETITIONER AND: Digitally signed by NANDINI D Location: High Court of Karnataka SMT. CHANDINI. M. B. W/O ANANTHARAJU M., D/O BASAVARAJU D., AGED ABOUT 27 YEARS, R/OF KODIRANGANATHA SWAMY NILAYA, NEAR SOPHIA SCHOOL, UPPARAHALLI, TUMKUR TOWN-572101.
Legal Reasoning
(BY SRI. T.M. VIJAYAKUMAR, ADV.) …RESPONDENT THIS PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE ORDER DATED 01.04.2025 PASSED BY THE LEARNED 1ST ADDL. PRINCIPAL JUDGE, FAMILY COURT, TUMKUR IN CRL.MISC.NO.214/2022 IN REJECTING THE APPLICATION FILED BY THE PETITIONER AND ALLOW THE - 2 - NC: 2025:KHC:14650 CRL.P No. 5041 of 2025 APPLICATION, CONSEQUENTLY PERMIT THE PETITIONER/ HUSBAND, FOR FURTHER CROSS EXAMINATION OF THE PW.1/WIFE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the respondent in Crl.Misc.214/2023 on the file of the I Additional Principal Judge, Family Court, Tumakuru is directed against the impugned order dated 1st April, 2025 whereby the application I.A.No.8 filed by the petitioner under Section 311 of Cr.P.C. to recall P.W.1 for further cross-examination was rejected by the trial Court. 2. A perusal of the material on record would indicate that the petitioner is the husband of the respondent who instituted the aforesaid proceedings under Section 125 of Cr.P.C. against the petitioner, who is contesting the said proceedings. 3. The respondent/wife herein got examined herself as P.W.1 and was cross-examined by petitioner, who - 3 - NC: 2025:KHC:14650 CRL.P No. 5041 of 2025 subsequently made a request of the petitioner for further cross-examination of P.W.1 having been rejected by the trial Court vide order dated 22.11.2024, the petitioner approached this Court in Crl.P.No.13170/2024 which was allowed and disposed of by this Court by issuing various directions vide order dated 07.01.2025 as hereunder: “This petition by the husband in Crl.Misc.No.214/2012 filed by the respondent – wife on the file of I Addl.Prl.Judge, Family Court, Tumkur, is directed against the impugned order dated 22.11.2024, whereby the request of the petitioner to cross-examine the respondent (PW-1) was rejected by the trial court. 2. Heard learned counsel for the parties and perused the material on record. 3. A perusal of the material on record will indicate that the respondent – wife has instituted the aforesaid proceedings in Crl.Misc.No.214/2012 against the petitioner – husband who has entered appearance and is contesting the proceedings. The respondent having examined herself as PW-1, the matter was posted for cross-examination on 22.11.2024, on which date, the request of the petitioner for permission to cross-examine the respondent (PW-1) was declined by the Family court - 4 - NC: 2025:KHC:14650 CRL.P No. 5041 of 2025 on the ground that the petitioner had not cleared all the arrears of maintenance alleged to be payable by the petitioner. Aggrieved by the impugned order dated 22.11.2024, the petitioner is before this Court by way of the present petition. 4. On 05.12.2024, this Court passed the following interim order:- “Issue emergent notice to respondent. Learned counsel for the petitioner is at liberty to serve on the counsel who represents the respondent in the trial proceedings. There shall be an interim order of stay of the impugned order subject to the condition that the petitioner would deposit Rs.50,000/- by the next date of hearing. List the matter on 07.01.2025 in the fresh matters list.” 5. In view of the aforesaid interim order, learned counsel for the petitioner has handed over two Demand Drafts bearing Cheque No.963931 for a sum of Rs.20,000/- and No.963932 for a sum of Rs.30,000/- both dated 24.12.2024 drawn on State Bank of India, Tumkur Branch and learned counsel for the respondent acknowledges the receipt of the said Demand Drafts. 6. Though several contentions have been urged by both sides in support of their respective claims, having regard to the undisputed fact that the main petition in Crl.Misc.No.214/2022 is still pending - 5 - NC: 2025:KHC:14650 CRL.P No. 5041 of 2025 adjudication before the trial court, without expressing any opinion on the merits / demerits of the rival contentions and by adopting a justice oriented approach, I deem it just and appropriate to dispose of this petition by setting aside the impugned order dated 22.11.2024 and permit the petitioner to cross-examine PW-1 on the shortest possible date to be fixed by the trial court, since the matter is said to be posted for hearing on 08.01.2025. It is further directed that upon completion of the evidence of respondent (PW-1) and other witnesses, if any, petitioner shall also adduce evidence, if any, and the trial court shall dispose of the matter on or before 30.04.2025. 7. Subject to the aforesaid observations and
Decision
directions, petition stands disposed of. 4. Subsequent to the aforesaid order passed by this Court, the petitioner who had not completed cross- examination of P.W.1 proceeded to complete the cross- examination of P.W.1 and also adduce his evidence as R.W.1 and the matter was posted for final arguments. At that stage, the petitioner herein filed one more application under Section 311 of Cr.P.C., seeking to recall P.W.1 once again for further cross-examination, which was rejected - 6 - NC: 2025:KHC:14650 CRL.P No. 5041 of 2025 vide impugned order dated 01.04.2025, aggrieved by which, the petitioner is before this Court, by way of the present petition. 5. A perusal of the impugned order would indicate that the trial Court was completely justified in rejecting the application filed by the petitioner to recall P.W.1 for further cross-examination, bearing in mind the directions issued by this Court in Crl.P.No.13170/2024 referred to supra and as such, the impugned order passed by the trial Court cannot be said to suffer from any illegality or infirmity warranting interference by this Court in the present petition. However, in the light of the specific assertion on the part of the petitioner that if one more opportunity is provided, the petitioner would complete the cross- examination of P.W.1 on that day itself, without seeking any further adjournment, I deem it just and appropriate to dispose of this petition by setting aside the impugned order and allowing the application I.A.No.8 by imposing certain conditions upon the petitioner. - 7 - NC: 2025:KHC:14650 CRL.P No. 5041 of 2025 6. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned order dated 01.04.2025 passed by the learned 1st Addl. Principal Judge, Family Court, Tumkur, in Crl.Misc.No.214/2022 is hereby set aside. (iii) The application I.A.No.8 filed by the petitioner under Section 311 of Cr.P.C. is allowed, subject to the condition that the petitioner shall complete the cross- examination of P.W.1 without taking any adjournment under any circumstances whatsoever on 15.04.2025 before the Trial Court. (iv) It is further directed that except further cross- examination of P.W.1 as stated supra, neither the petitioner nor the respondent would be entitled to adduce any further oral or documentary evidence in support of their respective claims. (v) The trial Court is directed to complete the cross-examination of P.W.1 on 15.04.2025 without - 8 - NC: 2025:KHC:14650 CRL.P No. 5041 of 2025 granting any adjournment to the petitioner and thereafter proceed to hear final arguments and dispose of the Crl.Misc.No.214/2023 on or before 15.05.2025. (vi) Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE MPK CT:bms List No.: 1 Sl No.: 24