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SWARANA KANTA SHARMA
Rajesh Kumar Khatri – Appellant
Versus
State of Delhi Thr Cbi – Respondent
JUDGMENT
Swarana Kanta Sharma, J.
1. By way of instant petition filed under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.'), the petitioner seeks (i) quashing of order dated 27.10.2022 passed by learned Special Judge, CBI, Rouse Avenue Court, Delhi in CC No. 250/2019 titled `CBI v. Rajesh Kumar Khatri' whereby the application filed by the petitioner under Section 311 Cr.P.C. was dismissed, and (ii) recalling of complainant/PW-2 for further cross-examination.
2. In the present case, the petitioner, who was working as Under Secretary with Ministry of Ayush and handling the additional charge of M.D. with M/s. Indian Medicines Pharmaceutical Corporation Ltd. (IMPCL), was arrested on the complaint of one Sh. Janak Sharma (PW- 2) who had alleged that the petitioner was demanding bribe of Rs.30 lakhs from him in lieu of releasing payment of the his pending bills with IMPCL.
3. Learned counsel for the petitioner submits that the examination- in-chief of the complainant/PW-2 was recorded before the learned Trial Court on 08.10.2021 and 23.11.2021, and his cross-examination had also commenced on 23.11.2021. However, it is stated that petitioner had placed on record volumino
The Court emphasized the broad powers under Section 311 Cr.P.C. to aid in the discovery of truth and ensure a just decision.
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 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.
The main legal point established in the judgment is that the power of a trial Court under Section 311 of Cr.P.C. to allow re-examination of a witness for the purpose of conducting cross-examination o....
Point of Law : To meet the ends of justice, the door cannot be shut against the accused persons without giving opportunity to cross-examine the witness only after he came to know that in another sess....
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 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 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.
Section 311 of the Code mandates courts to allow recalling witnesses if essential for achieving a just decision, reflecting the right to a fair trial.
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