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SUBHASH VIDYARTHI
Haribhan Singh – Appellant
Versus
State of U. P. Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko. – Respondent
JUDGMENT
Subhash Vidyarthi J.—Heard Sri Amit Kumar Singh, the learned counsel for the applicant, Sri Anurag Verma, the learned A.G.A.-I appearing on behalf of the State and perused the records.
2. By means of the instant application the applicant has challenged the validity of an order dated 22.12.2023, passed by the learned Additional District and Sessions Judge/Special Judge, E.C. Act, Court No.4, Sultanpur in Sessions Trial No.467 of 2016, under Sections 147, 148, 149, 504, 506, 307, 302 I.P.C. Police Station Jamo, District Amethi, whereby the application filed by the applicant and another co-accused Ram Nath Singh under Section 311 Cr.P.C. for recall of PW-1 for being cross-examined by them has been rejected.
3. The application under Section 311 Cr.P.C. was filed on the ground that the accused Deependra Singh was summoned to face trial under Section 319 Cr.P.C. after PW-1 was reexamined and he was cross-examined on behalf of the newly added accused Deependra Singh. However, other accused person did not cross-examine the said witness after his recall. It was stated in the application that after a person is summoned as an accused under Section 319 Cr.P.C. the trial starts de novo
Power under Section 311 Cr.P.C. has to be exercised only when it is essential for just decision of case.
The discretionary power to recall witnesses under Section 311 Cr.P.C. should be exercised judiciously to prevent failure of justice, ensuring a fair trial, and preventing delay.
The power to recall a witness for cross-examination under Section 311 Cr.P.C. should be exercised judiciously and only when essential for a just decision, in accordance with the principles enumerated....
Section 311 Cr.P.C. affords discretionary power to recall witnesses but must be exercised with caution, not to prolong proceedings without compelling reasons.
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....
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 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.
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