A challenge to recalling a witness becomes infructuous when the witness dies.

The petitioner challenged, under Article 227 of the Constitution, the trial court’s order dated 2 February 2024 on I.A. No. 8 in O.S. No. 2740 of 2010.

The application concerned the recall of PW1.

During the writ proceedings, the petitioner filed a memo stating that PW1 had died and that the challenge no longer survived.

Whether the writ petition challenging the order on the application to recall PW1 remained live after PW1’s death.

The petition invoked the High Court’s supervisory jurisdiction under Article 227 of the Constitution.

The Court did not discuss or apply any substantive statutory provision, precedent, or detailed legal test; it disposed of the petition as infructuous after recording that the challenged issue no longer survived.

The petitioner’s memo stated that PW1, whose recall was the subject of the challenge, had died, and that the challenge therefore no longer survived.

Accepting that submission, the Court found no live issue requiring adjudication in the writ petition.

Any pending applications were also closed.