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DELHI HIGH COURT
SWARANA KANTA SHARMA
Kurian Energiekanri India Pvt. Ltd. – Appellant
Versus
State of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. factual overview of the case and application. (Para 1 , 2 , 3) |
| 2. arguments for and against cross-examination recall. (Para 4 , 5) |
| 3. court's observations on the application of section 311. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. conclusion and order of the court. (Para 16 , 17) |
JUDGMENT
Swarana Kanta Sharma, J. The present petition has been filed by the petitioners under Section 482 of Code of Criminal Procedure, 1973 (hereinafter "Cr.P.C.") against the impugned order dated 09.10.2021 passed by the learned Metropolitan Magistrate, South District, Saket Courts, New Delhi in C.C. No. 10332/17 titled "NH Consulting Private Limited versus Kurian EnergieKanri (India) Private and Others".
2. The impugned order passed by the learned Metropolitan Magistrate rejected the application of the petitioner/accused no. 2 under Section 311 Cr.P.C. for recalling witness i.e., complainant PW-1 for further cross examination.
3. Perusal of the material on record shows that on 11.10.2020, an application under section 311 of Cr.P.C. was moved by petitioner/accused no. 2 for recalling the complainant for cross-examination before the learned MM. It further shows that vide order
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.
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 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 power under Section 311 of the Cr.P.C. should be exercised sparingly and in the interest of justice, and the mere change of counsel is not a valid ground for the recall of a witness.
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 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....
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....
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