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Patna High Court

Rajesh Kumar Singh @ Rajesh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                            2/3




          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
                                                      3/3




                                    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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