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N. UNNI KRISHNAN NAIR
Saaz Begum, D/o. Md. Tafajjul – Appellant
Versus
State Of Assam, Rep. By The Public Prosecutor – Respondent
JUDGMENT :
(N. Unni Krishnan Nair, J.)
Heard Mr. M. Sarma, learned counsel, appearing on behalf of the petitioner. Also heard Mr. B. S. Singh, learned senior counsel, assisted by Mr. B. Pushilal, learned counsel, appearing on behalf of Respondent No. 2.
2. The petitioner, herein, by way of instituting the present criminal petition, has presented a challenge to an order, dated 15.07.2023, by which the learned trial Court had allowed an application filed by the respondent No. 2, invoking the provisions of Section 311 of the Code of Criminal Procedure, 1973, for recall of PW-4 and to allow him to exhibit the original copy of an undertaking executed by the petitioner, herein.
3. The brief facts requisite for adjudication of the issues arising in the present proceeding, is noticed as under:
The Respondent No. 2 viz. Smti. Geeta Singh, had lodged a complaint before the Court of the Judicial Magistrate, North Lakhimpur, for 20.11.2008, alleging that the petitioner had formed a committee consisting of 20 members, including the Respondent No. 2, in the pretext of giving financial assistance and the petitioner had told that there would be a game of betting amongst the members who would contribu
The court upheld the trial court's decision to recall a witness under Section 311 of the CrPC, emphasizing the necessity of evidence for a just decision and the right to a fair trial.
The court affirmed that under Section 311 CrPC, the recall of witnesses is permissible to ensure justice and allow the accused to present a complete defence, emphasizing the necessity of evidence for....
The Court has the discretion to summon witnesses or recall and re-examine any person if their evidence appears to be essential to the just decision of the case, as per Section 311 Cr.P.C. This power ....
Power under Section 311 CrPC to recall witnesses is wide, exercisable at any stage if essential for just decision; prosecutorial oversight in not showing material objects earlier is correctable, not ....
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