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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.Nagaprasanna
Victim ... – Appellant
Versus
State Of Karnataka By Chitradurga Rural Police Station – Respondent
ORDER :
M. Nagaprasanna, J.
The petitioners/victims, in both the cases, are before this Court calling in question order dated 19-07-2025 passed in Special Case (Petition) No.181 and 182 of 2022 before the concerned Court, which rejects the application filed under Section 311 r/w Section 91 of the Cr.P.C. filed seeking to recall P.W.14 for further examination and to produce certain documents.
2. Facts in brief, germane, are as follows:
A crime comes to be registered in Crime No.155 of 2012 for offences punishable under Sections 17 , 5L and 6 of the POCSO Act and under Sections 3 76(2)(n), 376(3) r/w Section 149 of the IPC. Thereafter, on its transfer to Chitradurga Rural Police Station, it was registered as FIR in Crime No.387 of 2022 and much water has flown after the registration of the crime, narration of which would not be necessary for consideration of the issue in the lis.
3. The prosecution witness, P.W.14, one S. K. Basavarajan was examined on 07-12-2024, and 16-12-2024. After the said examination, several other witnesses are also examined. The subject application is filed by the prosecution, seeking production of two documents which concerns P.W.14 and seeking his recall for fur
The discretionary power under Section 311 of the Cr.P.C. to summon witnesses must be exercised judiciously to ensure justice, not to rectify prosecutorial errors post-evidence closure.
The court emphasized that the power under Section 311 Cr.P.C. must be exercised judiciously to ensure a fair trial and should not be used merely to fill gaps in evidence.
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.
The discretionary power under Section 311 of the Cr.P.C. must be exercised judiciously to prevent abuse of the legal process, especially in long-pending cases.
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.
Merely on asking the application under Section 311 of the Cr.P.C. cannot be allowed as there has to be sufficient reasons behind it.
Section 311 of Cr.P.C. empowers the court to summon or recall witnesses if their evidence appears to be essential to the just decision of the case. The court's discretion in exercising this power sho....
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