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SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
Ashutosh Pathak – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
AHSANUDDIN AMANULLAH. J.
1. The present petition arises from the Final Order and Judgment dated 03.07.2024 in Application under Section 482 No. 5718 of 2024 (hereinafter referred to as the 'Impugned Order') [2024:AHC-LKO:45305] passed by a learned Single Judge of the High Court of Judicature at Allahabad, Bench at Lucknow (hereinafter referred to as the 'High Court') whereby the petitioner's plea, seeking quashing of Orders dated 18.05.2024 and 06.06.2024 passed by the Court of the learned Additional Chief Judicial Magistrate, Court No. 20, Sultanpur, Uttar Pradesh (hereinafter referred to as the 'Trial Court') in Criminal Case No. 7940/2024 [State vs. Ashutosh Pathak and Others], was dismissed and the two Orders impugned therein were upheld.
FACTUAL OVERVIEW:
2. The marriage between the petitioner and respondent no. 2 took place on 16.02.2014. There are two issues from the wedlock. On 30.04.2018, First Information Report No. 19/2018 (hereinafter referred to as the ‘FIR’) was lodged at P.S. Mahila Thana Gauriganj, Amethi under Sections 498-A, 323, 504 and 506 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’) alongwith Sections 3 and 4 of the Dowry Prohi
Summoning of witness – Conduct of petitioner in preferring successive applications under Section 311 of Code and seeking adjournments cannot be countenanced.
The power under Section 311, Cr.P.C. should be exercised with restraint and caution, especially at the final stage of the trial, and delay in filing the application may impact the court's decision.
The court emphasized that the power under Section 311 of the Cr.P.C. must be exercised judiciously, ensuring that it serves the ends of justice and is not based on arbitrary claims of coercion.
The power under Section 311 Cr.P.C. must be exercised judiciously and for strong and valid reasons, ensuring a fair trial and the just decision of the case.
Point of Law : Discretion given by the first part is very wide and its very width requires a corresponding caution on the part of the court. But the second part does not allow any discretion; it bind....
The court established that the power under Section 311 CrPC to summon or recall witnesses is essential for ensuring a just decision in criminal trials, and must be exercised with caution to avoid pre....
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