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IN THE HIGH COURT AT CALCUTTA
UDAY KUMAR
Milan Thapa @ Majhi @ Hari Majhi – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. overview of the case and procedural history. (Para 1 , 2) |
| 2. petitioner's request for recall of witnesses. (Para 3 , 4) |
| 3. court's rejection of the petitioner's application. (Para 5 , 11) |
| 4. arguments on fundamental rights and powers of court. (Para 6 , 7 , 8 , 10) |
| 5. analysis of section 311 cr.p.c. (Para 12 , 13 , 14) |
| 6. theoretical application and limitations of section 311. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 7. court's findings on judicial discretion and fair trial. (Para 22 , 23) |
| 8. final decision allowing the petitioner's application. (Para 25 , 26 , 27 , 28 , 29) |
JUDGMENT :
UDAY KUMAR, J.
1. The present revisional application, CRR 446 of 2024, has been preferred by the petitioner, Milan Thapa @ Majhi @ Hari Majhi, assailing the legality, regularity, and propriety of Order No. 49 dated October 09, 2024, passed by the Learned Additional District and Sessions Judge, Kurseong, in Session Case No. 08 of 2020. By the impugned order, the Learned Trial Court rejected the petitioner's prayer to recall and re- examine witnesses (PW1, PW3, PW4) under Section 311 of the Code of Criminal Procedure, 1973 (now Section 348 of the Bharatiya Nagarik Suraksha Sanhita 2023). The petiti
The Court emphasized the mandatory power under Section 311 Cr.P.C. to recall witnesses at any stage for just decisions, reinforcing the right to a fair trial and the uncovering of truth.
The court established that the power under Section 311 CrPC to summon or recall witnesses is essential for ensuring a just decision in criminal trials, and must be exercised with caution to avoid pre....
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 of the Code of Criminal Procedure must be exercised judiciously, with great caution and circumspection, to ensure fair trial and proper opportunities for all parties, and ....
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 rejection of a request to recall witnesses under Section 311 CrPC is valid when it is deemed an attempt to prolong proceedings without just cause, emphasizing the need for fair trial principles.
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 court emphasized that the power under Section 311 of the Cr.P.C. must be exercised judiciously, ensuring that it serves the ends of justice and is not based on arbitrary claims of coercion.
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