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ANSHUMAN
Ram Babu Singh – Appellant
Versus
State of Bihar – Respondent
Dr. Anshuman, J. – Heard learned counsel for the petitioners and learned A.P.P. for the State as well as learned counsel for the Opposite Party No.2.
2. The present quashing application is being filed for quashing the order dated 02.03.2020 passed by Sri Rakesh Kumar, learned J.M.-1st, Class, Sitamarhi in connection with Tr. No. 2006 of 2019 arising out of Sahiyara P.S. Case No.- 80 of 2010 lodged under Sections 447, 341, 323, 337, 504 and 34 of the I.P.C. by which Court has allowed the application filed by prosecution under Section 311 of Cr.P.C.
3. Learned counsel for the petitioners submit that the present criminal case has been filed in the year 2010 in which charge sheet has been filed on 27.07.2011, cognizance has been taken on 06.08.2012, charge has been framed on 25.02.2013 against the petitioners. Counsel submits that he has annexed the order sheets by which it transpires that after 25.02.2013, series of dates were crossed but prosecution has failed to produce any witness. Counsel submits that after lapse of 6 years and issuance of processes, last date for adducing the evidence was fixed on 28.11.2019 and finally on 07.12.2019, the evidence was closed in this case. On 02.01.
The central legal point established in the judgment is that the power under Section 311 of Cr.P.C. should be used judiciously and not to fill up lacunae in the prosecution case, and subordinate Court....
Power under Section 311 CrPC to recall witnesses is wide, exercisable at any stage if essential for just decision; prosecutorial oversight in not showing material objects earlier is correctable, not ....
The power under Section 311 Cr.P.C cannot be used to fill up lacunae and must be invoked only for strong and valid reasons to meet the ends of justice.
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.
The court emphasized that the discretion under Section 311 Cr.P.C. must be exercised judiciously, ensuring that the recall of witnesses is essential for a just decision.
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