Supreme Court orders trial court to question crucial witnesses if prosecution fails

The case concerns a criminal appeal where the Supreme Court reviewed the rejection of an application to examine crucial prosecution witnesses (the injured complainant, a doctor, and the Investigating Officer) after the trial had already commenced the examination of the accused under Section 313 CrPC.

Who it concerns: Petitioner: Anil Singh @ Anil Kumar Singh; Respondents: The State of Bihar & Ors.; Bench: Justice J.B. Pardiwala and Justice K. Vinod Chandran.

What the court decided

• Set aside the order of the Additional District and Sessions Judge-II Gopalganj and the impugned order of the High Court.
• Restore the application under Section 311 CrPC before the Trial Court.
• Direct the Trial Court to definitely permit the examination of the injured witness, the medical officer, and the Investigating Officer.
• Direct the Trial Court to consider any other witnesses left out by the prosecution.
• Direct that witnesses be examined and proffered for cross-examination.
• Direct that Section 313 CrPC proceedings resume from the stage where they stopped, ensuring incriminating circumstances from new testimony are put to the accused.
• Appeal allowed.

Also in the document

• The Court noted that the failure to examine crucial witnesses was a failure of the prosecution to properly conduct the trial, rather than a dilatory tactic by the complainant.
• The Court expressed a note of caution that the Trial Court is not a 'moot spectator' and has a responsibility to ensure best evidence is not suppressed by the prosecution.
• The order was passed on August 24, 2026.