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DIVYESH A. JOSHI
Ishwarbhai Ramjibhai Parmar – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent No.1-State and learned advocate Mr. Piyush Trivedi for learned advocate Mr. Pratik Barot waives service of notice of rule for and on behalf of the respondent No.2-original complainant.
2. By this writ application under Article 226/227 of the Constitution of India, the writ applicant has prayed for the following reliefs:
(B) Your Lordship be pleased to allow the application below exhibit-43 and the complainant may be recalled for the cross-examination in Criminal Case No.1198 of 2011 at the earliest before the learned Additional CJM, Mahesana.
(C) Your Lordship be pleased to stay the impugned orders and also the further proceedings of Criminal Case No.1198 of 2011 during the pendency of
The court emphasized that the power to recall witnesses under Section 311 Cr.P.C. must be exercised judiciously, ensuring it is essential for a just decision and not merely to fill gaps or delay proc....
The court upheld the dismissal of an application to recall a witness under Section 311 Cr.P.C., emphasizing the need for judicious use of this power to ensure fair trials without unnecessary delays.
The court emphasized that the power to recall witnesses under Section 311 Cr.P.C. must be exercised judiciously, ensuring it is essential for a just decision and not merely to fill gaps in evidence.
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.
The wide powers conferred upon the courts under Section 311 CrPC to summon or recall a witness at any stage if their evidence is essential for a just decision.
The court established that the power under Section 311 CrPC to summon or recall witnesses is essential for ensuring a just decision in criminal trials, and must be exercised with caution to avoid pre....
The power under Section 311 Cr.P.C. must be exercised judiciously and for strong and valid reasons, ensuring a fair trial and the just decision of the case.
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