Sushil Ansal vs State of NCT Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
YOGESH KHANNA
Sushil Ansal – Appellant
Versus
State of NCT Delhi – Respondent

Table of Content
1. challenge of dismissal of application under section 311 crpc. (Para 1 , 2)
2. need for cross-examination of material witness. (Para 3 , 5)
3. court's considerations on timing and nature of application under section 311 crpc. (Para 4 , 7 , 8 , 9)
4. grounds for recalling witnesses under section 311 crpc. (Para 10 , 11 , 12)
5. decisions affirming the limits of recall privileges in legal proceedings. (Para 13 , 14 , 15 , 16)

JUDGMENT

Yogesh Khanna, J. (Through Video Conferencing)--This petition challenges the impugned order dated 02.09.2021 passed by the learned Trial Court in case FIR No.207/2016 registered at police station Tilak Marg titled State vs Dinesh Chand Sharma whereby an application of the petitioner under Section 311 CRIMINAL PROCEDURE CODE (hereinafter referred as Cr P C) was dismissed.

2. It is the submission of the learned senior counsel for the petitioner that PW38 Mr.Amit Roy, DCP is an important witness in the present matter and the erstwhile learned counsel Mr.Siddharth Kashyap had chosen not to cross examine the said witness despite an opportunity being granted to him; but thereafter new counsel was appointed and after going through the record, he

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DELHI HIGH COURTYOGESH KHANNASushil Ansal – AppellantVersusState of NCT Delhi – Respondent

DELHI HIGH COURT
YOGESH KHANNA
Sushil Ansal – Appellant
Versus
State of NCT Delhi – Respondent