Can All Accused Cross-Examine A Witness Recalled After Addition Of Another Accused U/S 319 CrPC?: Allahabad HC Explains

In other words, the HC held that only the accused who has been summoned under Section 319 CrPC has a right to cross-examine a witness and the persons who were accused since before and who had already availed opportunity of cross-examining the said witness, have no right to cross-examine the said witness again.

“A bare reading of Section 319 (4) CrPC indicates that where a person is summoned under Section 319 (1) to face the trial, the proceedings shall be commenced afresh and the witnesses re-heard only in respect of such person and not in respect of all the accused persons,” a bench of Justice Subhash Vidyarthi held.

The Court made this clarification while dealing with a plea (under Section 482 CrPC) moved by an accused, booked under Murder charges, challenging an order of the Additional District and Sessions Judge rejecting his Section 311 CrPC plea for recall of PW-1 for being cross-examined.

The said application was moved by the petitioner on the ground that when another accused (one Deependra Singh) was summoned to face trial under Section 319 CrPC, PW-1 was re-examined and he was cross-examined on behalf of the newly added accused, but the other accused persons (including the petitioner) did not get the right to cross-examine said witness after his recall.

It was the primary contention of the petitioner that after a person is summoned as an accused under Section 319 CrPC, the trial starts de novo and therefore all the accused persons have the right to cross-examine the witnesses.

However, discarding this contention of the petitioner, the Court, after examining the scope of Section 319 (4), observed that where a person is summoned under Section 319 (1) to face the trial, the proceedings commenced afresh vis-à-vis that newly added accused and the witnesses are re-heard only in respect of such person and not in respect of all the accused persons.

Therefore, the Court added, the applicant, who was an accused in the case since the inception of the trial and who had already cross-examined the witness (PW-1), had no right to recall the said witness for cross-examining him again after the said witness was re-examined by the prosecution consequent to another accused being summoned under Section 319 CrPC.

However, the Court did add that Section 311 CrPC confers wide powers on the court to summon any witness at any stage of the enquiry, trial or other proceeding but that power has to be exercised only when it is essential for the just decision of the case.

In these circumstances, concluding that the applicant has no right to seek further cross-examination of PW-1 and such cross-examination is not at all essential for a just decision of the case, the Court dismissed the petition.

Appearances

Counsel for Applicant: Amit Kumar Singh, Brijendra Pratap Singh

Counsel for Opposite Party: AGA-I Anurag Verma

Case title – Haribhan Singh vs. State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko. And Another 2024 LiveLaw (AB) 165 [APPLICATION U/S 482 No. - 2138 of 2024]

Case Citation: 2024 LiveLaw (AB) 165

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