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DINESH KUMAR SHARMA
Deepak Mohan – Appellant
Versus
State NCT Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The present petition has been filed 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 seeking to recall the complainant/respondent no. 2 for his further cross-examination. has been dismissed by learned MM-02 (NI Act), South district, Saket Courts, New Delhi in CTCases Nos. 1282/2016 & 471820/2016.
2. A perusal of the order sheets indicates that in the present case, CE was first closed on 30.01.2018. Thereafter, the petitioner/accused moved an application under section 311 which was allowed vide order dated 23.05.2018. However, later CE was again closed on 12.09.2019 and once again the petitioner/accused moved an application under section 311 Cr.P.C accused and the same was allowed subject to a cost of Rs. 10,000/- on 10.01.2020 and it was specifically mentioned that only one opportunity will be granted to the accused to finish the cross-examination of the complainant on the same day failing which, right was to be closed. Part cross-examination of the complainant was conducted on 03.02.2020. However, his further cross-examination was deferred for the
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.
Section 311 of Cr.PC. empowers Court to call any person as witness at any stage of inquiry, trial or other proceeding in order to reach to just decision of case.
The power to recall witnesses under Section 311 Cr.P.C. must be exercised judiciously, primarily to ensure justice, and not to remedy perceived inadequacies in prior legal representation.
The court upheld the dismissal of a petition for recalling a witness for cross-examination due to lack of concrete reasons and previous ample opportunities for cross-examination.
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 main legal point established is the judicious exercise of discretionary power under Section 311 of the Cr.P.C. to ensure the just decision of the case, considering the essentiality of evidence an....
The right to cross-examine a complainant is essential for a fair trial, and its denial violates principles of natural justice and Article 21 of the Constitution.
The duty of the court to summon and examine or recall and re-examine any person if their evidence appears to be essential to the just decision of the case under Section 311 Cr.P.C.
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