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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
Y. G. KHOBRAGADE, J.
Parvin Begum W/o Abdul Rahim Khan – Appellant
Versus
State of Maharashtra, Through Police Station, Mudhkhed – Respondent
JUDGMENT :-
Y. G. KHOBRAGADE, J.
1. Rule. Rule made returnable forthwith and with consent of both the sides, the matter is heard finally.
2. By the present Petition, under Article 227 of the Constitution of India, the Petitioners take exception to the order dated 29.06.2024, passed below Exh.180 in R.C.C. No.370 of 2009 by the learned Judicial Magistrate First Class, Mudkhed, thereby permitted the prosecution to re-examine the witness PW-3 to prove the documents i.e. Articles 1 to 101 enlisted in Exh.147.
3. Mr. Gangakhedkar, the learned counsel for the Petitioners canvassed that, on 26.10.2007, the informant Haibati Rakhmaji Mandave lodged a report alleging that, the Petitioner No.3, Abdul Rashid Khan S/o. Pasha Khan was working as EDMC in Mudkhed Post Office. The Petitioner No. 2, Zohra Begum Abdul Rashid Khan was appointed as a Women Regional Savings Agent under the scheme of ‘Mahila Pradhan Kshetriya Bachat Yojana’ as per licence No.NND1404, granted by the District Magistrate, Nanded on 29.08.1994. As per said scheme, the petitioner No. 2, has to collect recurring deposits from the account holders and she required to deposit the said collected amount with the Post Office in the acc
Re-examination of a witness is permissible to clarify ambiguities or introduce necessary documents, not merely to fill gaps in evidence, ensuring a just decision.
Section 311 of the Cr.P.C. allows courts to recall witnesses essential for a just decision, emphasizing that oversights in prosecution do not constitute irreparable lacunae. Judicial discretion must ....
The court confirmed that Section 311 Cr.P.C. allows for recalling witnesses and summoning evidence when essential for a just decision, emphasizing the necessity for careful exercise of this power to ....
Section 311 Cr.P.C. allows courts to summon additional witnesses at any stage for just decision-making, underscoring the importance of ensuring no evidence essential to the truth is left out.
The main legal point established in the judgment is the interpretation and application of Section 311 of the Code of Criminal Procedure, emphasizing the limitations and requirements for invoking this....
Examination-in-chief – Witnesses - Merely providing a witness in such a situation for cross-examination would be of no consequence because witness has to be re-heard keeping in view principle of de n....
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.
Section 311 CrPC reads as power to summon material witness, or examine person present.
The main legal point established in the judgment is that the power under Section 311 of the Criminal Procedure Code should be invoked to meet the ends of justice and exercised for strong and valid re....
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