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DINESH KUMAR SHARMA
Gurpreet Singh Dhody – Appellant
Versus
Onkar Singh Chadha – Respondent
JUDGMENT :
Dinesh Kumar Sharma, J.
CRL.M.A. 1321/2023 (exemption)
Exemption allowed subject to all just exceptions.
CRL.M.C. 335/2023
1. Present petition has been under Section 482 Cr.P.C. challenging the order dated 10.11.2022, whereby the application under Section 311 Cr.P.C. filed by the petitioner has been dismissed.
2. Learned counsel for the petitioner submits that this case is based on the documentary evidence and in absence of the documents sought to be produced, the petitioner will not be able to prove his case.
3. A perusal of the order passed by the learned Trial Court indicates that the complaint has been pending for more than the last 17 years. Further, the complainant was given repeated opportunities and only then the post-charge evidence of the complainant was led which continued for more than a year. Moreover, the complainant previously had moved an application to place on record a certificate which was also dismissed by the learned trial court vide order dated 06.06.2022. Further, This court previously on 03.01.2022 had directed that the trial shall be completed in a time-bound manner.
4. It is true that this Court has inherent powers but the same are required to be exerci
The court's decision emphasized the need to exercise the power under Section 311 Cr.P.C judiciously and to avoid delaying trial proceedings through repeated applications for witness recall.
The exercise of powers under Section 482 of the Code of Criminal Procedure requires a substantial basis; lack of diligence by the petitioner warranted the dismissal of the petition.
The court can exercise its power under Section 482 Cr.P.C. to quash criminal proceedings only in exceptional cases where the material produced by the accused rules out the charges and the trial would....
The High Court's inherent powers under Section 482 Cr.PC allow it to prevent miscarriage of justice or abuse of process of the Court, but it cannot interfere with the trial court's order unless there....
Section 311 of the Cr.P.C. cannot be invoked without specific grounds, and its misuse to harass witnesses is impermissible.
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