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IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI
Shailesh Kumar, Son of Govind Prasad – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. revisability of interlocutory orders (Para 1 , 2 , 3 , 4) |
| 2. private complainants' revisional rights (Para 5 , 15 , 17) |
| 3. necessity of witness examination for justice (Para 19 , 20 , 21 , 30) |
| 4. distinction of facts necessitating witness examination (Para 26 , 28 , 29) |
| 5. court's final order on the revision application (Para 33 , 34) |
JUDGMENT :
1. A short but seminal question is involved in the instant Criminal Revision. The issue is as to whether any order rejecting an application under Section 311 of the Code of Criminal Procedure is an interlocutory order and, therefore, not revisable, even if the order of rejection of application for examination of an additional witness, not charge-sheeted or not named in the complaint, is found to be necessary for just decision of the case. Secondly, whether denial of examination of a material witness, whose evidence, the Court considers absolutely necessary for just decision of a criminal case.
3. It is held by the Hon’ble Supreme Court in the aforesaid case that under Section 397 (2) of the Cr.P.C., the powers of revision can not be exercised in relation to an interlocutory order passed in any appeal, enquiry or trial or other p
The court established that the rejection of a application to examine a material witness is revisable when its outcome could terminate proceedings, emphasizing the need for comprehensive evidence in t....
Criminal Revision - Though there are no limits of the powers of the Court under Section 482 of the Code but the more the power, the more due care and caution is to be exercised in invoking these powe....
Orders under Section 311 Cr.P.C. are interlocutory and revisions against such orders are not maintainable, affirming the court's power to allow subsequent applications to ensure justice.
The court emphasized the necessity of recalling witnesses to ensure a fair trial and prevent failure of justice.
Rape - Power to summon material witness, or examine person present - It is clear that the application under section 311 Cr.P.C. has not been moved in a bona fide manner by revisionist to secure ends ....
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.
The court upheld that Section 311 Cr.P.C. allows recall of witnesses only when essential for justice, emphasizing the need for strong justification for such applications.
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 ....
Order rejecting Section 311 CrPC application to examine hearsay witness, not essential for just decision, is interlocutory and revision-barred under Section 397(2); no inherent power interference abs....
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