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    <title>Petition dismissed for failure to justify recalling complainant-witness under Section 311 CrPC; delay and abuse of process found</title>
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    <description>The HC dismissed the petition, holding that petitioners failed to justify recall of the complainant-witness under Section 311 CrPC after closure of evidence and cannot invoke inherent jurisdiction under Section 528 BNSS/Section 482 CrPC to re-agitate matters already adjudicated in revision. The court found a seven-year delay and repeated non-diligence-fourteen missed opportunities to cross-examine CW-1 after permission under Section 145(2) NI Act-constituted abuse and prejudice to the complainant. Alleged medical incapacity of prior counsel was unproved. Two lower courts had concurrently refused re-opening; no perversity or failure of justice was shown. The petition, deemed a disguised second revision barred by substantive bars, was dismissed.</description>
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    <pubDate>Fri, 14 Nov 2025 09:42:55 +0530</pubDate>
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      <title>Petition dismissed for failure to justify recalling complainant-witness under Section 311 CrPC; delay and abuse of process found</title>
      <link>https://www.taxtmi.com/highlights?id=94148</link>
      <description>The HC dismissed the petition, holding that petitioners failed to justify recall of the complainant-witness under Section 311 CrPC after closure of evidence and cannot invoke inherent jurisdiction under Section 528 BNSS/Section 482 CrPC to re-agitate matters already adjudicated in revision. The court found a seven-year delay and repeated non-diligence-fourteen missed opportunities to cross-examine CW-1 after permission under Section 145(2) NI Act-constituted abuse and prejudice to the complainant. Alleged medical incapacity of prior counsel was unproved. Two lower courts had concurrently refused re-opening; no perversity or failure of justice was shown. The petition, deemed a disguised second revision barred by substantive bars, was dismissed.</description>
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      <pubDate>Fri, 14 Nov 2025 09:42:55 +0530</pubDate>
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