After Lawyer’s Medical Report, Uttarakhand HC Gives Dowry Case Accused One Last Chance To Cross-Examine Complainant, With ₹5,000 Payable To Complainant

The applicant faced trial under Sections 498-A and 323 of the IPC and Sections 3/4 of the Dowry Prohibition Act, 1961.

After PW1, the complainant, was examined in chief on 3 July 2026, the applicant did not cross-examine him on the next date, 3 August 2026; an adjournment was granted subject to costs of ₹1,000.

On 17 August 2026, the applicant again sought an adjournment, stating that his senior counsel was ill. The trial court closed the opportunity to cross-examine PW1.

The applicant’s subsequent application under Section 311 Cr.P.C., seeking recall of PW1 for cross-examination, was dismissed on 17 September 2026. He challenged that dismissal before the High Court.

Section 311 Cr.P.C. empowers a court to summon, examine, recall, or re-examine a person where the person’s evidence appears essential to the just decision of the case; the court must exercise that power where such recall is necessary to serve the interests of justice.

No precedent was cited.

The High Court acknowledged that the applicant had already failed to cross-examine PW1 on two occasions and had received an adjournment subject to costs.

However, PW1 was the complainant, and the applicant’s counsel’s explanation for non-appearance on 17 August 2026 was supported by a medical report. In those circumstances, the Court considered another opportunity necessary for a just decision and set aside the order dismissing the Section 311 application.

The applicant’s Section 311 Cr.P.C. application was allowed, subject to payment of ₹5,000 to the complainant. The trial court was directed to summon PW1 for cross-examination; no further opportunity may be granted if the applicant fails to cross-examine him on the next date fixed.