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IN THE HIGH COURT OF DELHI AT NEW DELHI
ARUN MONGA,
Ankur Arora – Appellant
Versus
State Of NCT Of Delhi – Respondent
| Table of Content |
|---|
| 1. invalidity of delayed request for witness recall. (Para 1 , 2) |
| 2. arguments for necessity of cross-examination for fair trial. (Para 5) |
| 3. court's view on procedural lapses and their implications. (Para 6 , 10 , 11) |
| 4. court's reasoning against revisiting trial phases. (Para 14 , 15 , 16) |
| 5. final dismissal of petition. (Para 18) |
JUDGMENT :
ARUN MONGA, J.
1. Petition herein is directed against two orders dated 11.07.2025 and 18.07.2025 passed by the Learned ACJM, Shahdara, Karkardooma Courts, Delhi, in criminal proceedings arising from FIR No. 310/2010, PS Anand Vihar, under Sections 323/325/341/506/509/34 of the IPC, whereby two applications, both under section 311 of the Cr.P.C. (348 of BNSS) filed one after the other in a short span of one week.
2. Aggrieved against both the above impugned orders, petitioner (an accused and under trial) pleads that has been falsely implicated. He has committed no offence as alleged by the complainant in the ongoing trial. After framing of the charges, the examination-in-chief of PW-1 Dr. B.K. Gupta was recorded on 14.08.2013 and his cross-examination was deferred on the request of the defence counsel as he wanted to cross-examine PW-1
The right to cross-examine is fundamental, but the court's discretion under Section 311 must be exercised judiciously, especially against unreasonable delays in raising procedural issues.
A change of counsel does not justify recalling a witness for further cross-examination; sufficient grounds must be shown to avoid delaying proceedings.
Section 311 of the Cr.P.C. allows courts to recall witnesses essential for a just decision, emphasizing that oversights in prosecution do not constitute irreparable lacunae. Judicial discretion must ....
The power under Section 311, Cr.P.C. should be exercised with restraint and caution, especially at the final stage of the trial, and delay in filing the application may impact the court's decision.
The court affirmed that the denial to recall a witness based solely on delay violates the accused's right to a fair trial, underscoring the importance of using Section 311 of the Cr.P.C. to access es....
Re-examination - Scope of section 311 Cr.P.C. - Section 311, Cr.P.C. that request for re-examination has been made solely on ground that Senior Counsel has been engaged in place of a Junior Counsel a....
The right to cross-examine witnesses is not absolute and requires justification; a mere change of counsel does not alone satisfy the criteria for recalling a witness under Section 311 CrPC.
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