Right to cross-examine a witness after affidavit evidence must be protected when needed for fair adjudication.

Denial of a reasonable opportunity to cross-examine a complainant's witness after examination-in-chief by affidavit can defeat fair adjudication, because such evidence is not complete until the witness is offered for cross-examination. The Delhi HC held that the trial court should have exercised its power under Section 311 CrPC, read with Section 145(2), to recall the witness where cross-examination was necessary for a just decision. The orders rejecting the request on delay and finality were set aside, and the proceedings were restored to permit cross-examination in accordance with law.

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Issues: Whether the petitioners were entitled to recall the complainant's witness and secure cross-examination under Section 145(2) read with Section 311 of the Code of Criminal Procedure, and whether the orders dismissing that request were sustainable.

Analysis: The right of cross-examination is an integral part of the evidentiary process, and examination-in-chief by affidavit does not become complete evidence unless the witness is offered for cross-examination. Section 311 of the Code of Criminal Procedure confers wide powers to summon, examine, recall, and re-examine a witness at any stage, and that power must be exercised to ensure that the evidence necessary for a just decision is brought on record. The dismissal of the petitioners' request on the ground of delay and finality of the earlier order was found unsustainable because the inability to cross-examine the complainant's witness would obstruct the effective testing of evidence.

Conclusion: The petitioners were entitled to an opportunity to cross-examine the complainant's witness, and the orders refusing recall and cross-examination were set aside.

Final Conclusion: The proceedings were restored to the extent necessary to permit cross-examination of the witness in accordance with law, and the matter was remitted to the trial court for that purpose.

Ratio Decidendi: Where the examination-in-chief of a witness has been recorded, denial of a reasonable opportunity to cross-examine that witness can defeat the just decision of the case, and the court must use its power under Section 311 of the Code of Criminal Procedure to secure such cross-examination when it is necessary for a fair adjudication.

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