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NINALA JAYASURYA
Mogili Ajay – Appellant
Versus
State of Andhra Pradesh represented by its Public Prosecutor – Respondent
ORDER :
The present Criminal Petition is filed seeking to quash the Order dated 29.04.2022 passed in Criminal Miscellaneous Petition No.1010 of 2022 in C.C.No.3042 of 2021 on the file of the Court of Special Judicial Magistrate of First Class (P&E)-cum-VIII Additional Metropolitan Magistrate & VIII Additional Junior Civil Judge, Visakhapatnam.
2. The petitioners herein are accused 4 to 6 in the above referred Calendar Case, which was registered for the offence under Section 34(a) of A.P.Excise(Amendment) Act, 2020. They filed the above mentioned Miscellaneous Petition seeking to recall P.Ws.1 to 4 as the counsel for the petitioners could not cross examine the said witnesses. The respondent-State opposed the said petition and by the impugned Order, the same was dismissed. Hence, the present quash petition.
3. The learned counsel for the petitioners submits that the counsel for the petitioners/accused 4 to 6 appearing in the Trial Court was suffering from ligament injuries and therefore, he could not attend the Court, as a result of which, cross examination of P.Ws.1 to 4 could not be conducted. The learned counsel submits that in fact the prosecution witnesses were not present on sever
The discretion of the court to summon witnesses under Section 311 of Cr.P.C. to ensure a fair trial and just decision.
The discretion granted under Section 311 Cr.P.C. to recall witnesses must be exercised judiciously and not arbitrarily, with the primary objective of ensuring a just decision and preventing failure o....
The main legal point established in the judgment is that the power of a trial Court under Section 311 of Cr.P.C. to allow re-examination of a witness for the purpose of conducting cross-examination o....
The main legal point established in the judgment is the discretionary and mandatory aspects of S.311 of Cr.P.C., emphasizing the need for judicious exercise of power and the requirement for the evide....
Recall of witness for further cross-examination – Such course of action is only permissible to fill in lacuna in the case.
Section 311 of Cr.PC. empowers Court to call any person as witness at any stage of inquiry, trial or other proceeding in order to reach to just decision of case.
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