highcourt

KOCHI: “Without any compelling reasons, the trial court should not entertain the practice of re-summoning criminal case witnesses”, the High Court said on Thursday in one crucial statement. HC asked the trial court to re-summon witnesses only if there exists a relevant reason to do so.

HC also rejected the trial court's order allowing the re-summoning of one witness in a criminal case. The order of the single bench is based on the petition filed by the second accused Karthik against summoning the main witness who is also the complainant in the case where two youngsters snatched her necklace worth two sovereign gold.

In the case registered by the Mala Police, the Chalakudy Judicial First Class Magistrate Court allowed the prosecution's request to summon the complainant again. The complainant identified the first accused who stole the necklace but did not identify the second accused who rode the bike. The second accused thus moved court to question the re-summoning of the complainant.

The Code of Criminal Procedure says that witnesses may be re-examined if it is necessary for a fair trial in any case. The High Court also held to this but Justice K Babu warned the defense or the prosecution to not take undue advantage of the reform.