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K. SREENIVASA REDDY
Srivalli Shipping And Transport Private Limited – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
(K. Sreenivasa Reddy, J.)
The Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), is filed against the Order dated 11.03.2024 in Crl.M.P.No.284 of 2024 in S.T.C.No.27 of 2022 on the file of the Principal Civil Judge (Junior Division)-cum-Judicial Magistrate of First Class, Kovvur, whereby petition filed by 2nd respondent/ complainant, under Section 311 CrPC to recall P.W.1 to clear ambiguity in her cross-examination, was allowed.
2. A private complaint was filed by 2nd respondent herein/complainant against the petitioners herein/accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the NI Act, 1881’), and the same was taken on file as S.T.C. No.27 of 2022 by the learned Magistrate. Trial began in the S.T.C. 2nd respondent herein/complainant was examined as P.W.1 and she was cross-examined by the counsel for the accused. At that stage, the petition in Crl.M.P.No.284 of 2024 has been filed in the S.T.C., under Section 311 CrPC, seeking to recall P.W.1 to clear ambiguity in her cross-examination. By the impugned Order dated 11.03.2024 in the said Crl.M.P., the Court below allowed the petition. C
Typographical errors in witness testimony can be corrected under Section 311 CrPC to ensure justice, emphasizing the court's role in administering justice rather than focusing on procedural errors.
The court held that Section 311 CrPC allows the recall of witnesses to correct typographical errors to ensure justice, distinguishing such mistakes from substantive weaknesses in a case.
The discretionary power under Section 311 of the Cr.P.C. should be exercised judiciously and only for strong and valid reasons to prevent abuse of the process of law and ensure expeditious conclusion....
The court upheld the trial court's decision to recall a witness under Section 311 of the CrPC, emphasizing the necessity of evidence for a just decision and the right to a fair trial.
Accused filthy language and threatened to complainant - Power to summon material witness or examine - It is well settled by Hon’ble Supreme Court that lacuna cannot be fulfilled in garb of power conf....
The Court has the discretion to summon witnesses or recall and re-examine any person if their evidence appears to be essential to the just decision of the case, as per Section 311 Cr.P.C. This power ....
The court emphasized the necessity of recalling witnesses to ensure a fair trial and prevent failure of justice.
The court affirmed that under Section 311 CrPC, the recall of witnesses is permissible to ensure justice and allow the accused to present a complete defence, emphasizing the necessity of evidence for....
A change of counsel does not justify recalling a witness for further cross-examination; sufficient grounds must be shown to avoid delaying proceedings.
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