Patna High Court
Rajesh Kumar Singh @ Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
The petition for recall of PW‑6 under Section 311 CrPC is dismissed as it is unnecessary and would cause undue delay.
Summary
The petitioner, Rajesh Kumar Singh, an accused in a POCSO case, filed a petition under Section 311 of the Criminal Procedure Code seeking the recall of witness PW‑6 for further cross‑examination, alleging that the witness had not been fully examined before the prosecution evidence was closed. The trial court dismissed the petition, holding that the witness had already been examined in‑chief and cross‑examined, and that recalling her would only cause delay. On appeal, the Patna High Court examined whether the petition had merit, considering the necessity of further cross‑examination versus the interest of a speedy trial. The Court found that the evidence of PW‑6 was already thoroughly examined, that the petition was filed at a stage when the accused’s statement under Section 313 CrPC was about to be recorded, and that allowing the recall would serve no ends of justice but would delay the trial. Consequently, the Court dismissed the petition as devoid of merit.
Issues considered
- Whether a petition under Section 311 CrPC for recall of a witness who has already been examined in‑chief and cross‑examined can be allowed.
- Whether recalling the witness at the stage of recording the accused’s statement would serve the ends of justice or merely cause delay.
Legislation cited
- Cr.P.C. — s. 311, 313
Subjects
- POCSO
- Witness recall
- Section 311 CrPC
- Criminal trial
- Cross‑examination
- Delay in trial
- Evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21525 of 2026
Arising Out of PS. Case No.-97 Year-2025 Thana- WAJIRGANJ District- Gaya
======================================================
Rajesh Kumar Singh @ Rajesh Kumar S/o Ranjeet Singh R/o vill -
Bhikhanpur, P.S.- Wazirganj, Distt.- Gaya
... ... Petitioner
Versus
1. The State of Bihar
2. Ramdhyan Singh S/o Late Ramdahin Singh R/o vill - Bhikhanpur, P.O. -
Pile, P.S.- Wazirganj, Distt.- Gaya
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr.Mrigendra Kumar
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 27-04-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The petitioner has challenged the impugned order
dated 05.02.2026 passed in POCSO Case No.133 of 2025,
arising out of Wazirganj P.S. Case No. 97 of 2025, by the
learned District Additional Sessions Judge-VI-cum-Special
Judge (POCSO), Gaya, whereby the petition filed by the
petitioner under Section 311 Cr.P.C. for recall and summon of
PW 6 for further cross-examination has been dismissed.
3. Learned counsel for the petitioner submits that a
petition under Section 311 Cr.P.C. has been filed before the trial
court and the same has been annexed as Annexure-4 to this
application. He has submitted that the evidence of PW 6 is
Patna High Court CR. MISC. No.21525 of 2026(2) dt.27-04-2026
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necessary for just decision of the case, who has been examined
in-chief and cross-examined on previous occasion.
4. Learned counsel for the State opposed the prayer of
the petitioner and submitted that since the PW 6 has already
been examined in-chief and also cross-examined, recall of PW 6
for further re-examination will not serve any fruitful purpose
and it will lead to delay in trial.
5. The application under Section 311 Cr.P.C. is
reproduced hereinbelow: -
“The Court of Special Judge cum
Additional Sessions Judge-VI, Gaya
Ref: POCSO Case No. 133/2025
State
Versus
Rajesh Singh …….. Accused
The humble petition u/s 348 B.N.S.S. for
re-call of P.W-6 for cross examination on behalf of
the accused. Rajesh Singh.
Most Respectfully Sheweth: -
1. That without conclusion of cross-
examination of P.W-6, he has been discharged and
evidence of prosecution has been closed on
22.01.2026 and the case is fixed for statement of
the petitioner.
2. That cross-examination of P.W.-6 is
essential for the just decision of the case.
3. That for the purpose of cross-
examination order dated 22.01.2026 for closing the
case should be re-called and P.W.-6 be summoned
for her further cross-examination.
It is therefore prayed that your honour
may be graciously pleased to recall the order dated
Patna High Court CR. MISC. No.21525 of 2026(2) dt.27-04-2026
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22.01.2026 and be further pleased to summon the
P.W.6 for her further cross-examination in the ends
of justice.
And for this your petitioner shall ever
pray.
Dated 5-2-2026
Gaya"
6. The present prayer of the petitioner is nothing but
to delay the trial at the stage when the statement of the petitioner
was going to be recorded under Section 313 Cr.P.C. The witness
PW 6 was examined and cross-examined at length and thereafter
discharged and her re-call for re-examination is not required for
ends of justice rather it will lead to delay in trial.
7. The application is devoid of merit and is
accordingly dismissed.
(Praveen Kumar, J)
Pawan/-
U T
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