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DELHI HIGH COURT
POONAM A.BAMBA
Awadh Construction – Appellant
Versus
Amaarpreet Shuttering – Respondent
JUDGMENT
Poonam A. Bamba, J. This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C) for setting aside of order dated 09.05.2022 (`impugned order' in short) passed by learned MM (NI Act), Digital Court-02, South-East, New Delhi in CC No. 4519/2021, whereby the petitioner's application under Section 311 Cr.P.C for recalling of the complainant/CW1 further cross examination, was dismissed.
2.0. It is submitted that the matter was listed for 04.05.2022 for complainant's evidence. Copy of the complainant's evidence by way of email was received by the petitioner on 02.05.2022 and hard copy of the same was received by the petitioner's counsel on 04.05.2022 at 4 pm. Therefore, the counsel could not get sufficient time to receive documents from the petitioner and put the same to the complainant, in cross examination.
2.1. It is submitted that a request for time for preparing for cross examination was made, but the same was declined by the Ld. M.M.; and the petitioner's counsel was compelled to cross examine the complainant on 04.05.2022. Subsequently, when the counsel for the petitioner received documents from the petitioner who is living in Hyderabad, he r
The court affirmed that a witness may be recalled if essential for just decision, balancing this against the need for diligent participation in proceedings.
Provisions of Section 311 of Cr.P.C. which confer upon Court power to summon material witness etc. cannot be permitted to be abused by either party to prolong litigation or to fill lacunae in their c....
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 right to cross-examine witnesses is a statutory and fundamental right, crucial for ensuring a fair trial, necessitating courts to allow such opportunities to the accused.
Recall of witnesses should not be allowed in a routine manner, and the discretion to recall witnesses should be exercised judiciously to prevent failure of justice.
The court clarified that both parties' absences impact the right to cross-examination and provided an opportunity for the petitioner to proceed therein.
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.
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