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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Central Bureau of Investigation, Cochin – Appellant
Versus
N. Velmurugan S/o Late Nagarathinam – Respondent
ORDER :
1. Crl.R.P.No.1178/2025 has been filed challenging order dated 21.10.2025 in Crl.M.P.No.262/2025 in C.C.No.05/2012 pending before the Special Court,(CBI)-I, Ernakulam.
2. Order dated 21.10.2025 in Crl.M.P.No.263/2025 in C.C.No.06/2012 on the files of the Special Court, (CBI)-I, Ernakulam, is under challenge in Crl.R.P.No.1180/2025.
3. Heard the learned Special Public Prosecutor appearing for the revision petitioner - CBI as well as the respondents in both these cases.
4. Precisely telling, the orders impugned were passed by the learned Special Judge when the CBI filed separate petitions in the above cases under Section 311 of the Code of Criminal Procedure (for short 'the Cr.P.C.' hereinafter) to re-open the evidence and to examine additional witnesses viz., 1) Sri.K.P.Peter, 2) Sri.P.K.Kunhan 3) Sri.Hari and 4) Sri.Noushad, to prove certain points. According to the learned Special Public Prosecutor, the examination of Sri K.P.Peter is necessary to prove the collection of specimen signatures of the 2nd accused for the purpose of obtaining expert opinion. Similarly, the examination of Sri P.K. Kunhan is necessary to identify the signatures of the 2nd accused, which were also c
Courts must assess the necessity of additional witnesses for just adjudication without solely relying on time constraints, prioritizing fairness over procedural deadlines.
The court confirmed that Section 311 Cr.P.C. allows for recalling witnesses and summoning evidence when essential for a just decision, emphasizing the necessity for careful exercise of this power to ....
Section 311 Cr.P.C. allows courts to summon additional witnesses at any stage for just decision-making, underscoring the importance of ensuring no evidence essential to the truth is left out.
The court emphasized that the discretion under Section 311 Cr.P.C. must be exercised judiciously, ensuring that the recall of witnesses is essential for a just decision.
The main legal point established in the judgment is the discretionary authority of Section 311 Cr.P.C. and the need for strong and valid reasons to summon witnesses for just decision of the case.
The court emphasized the necessity of recalling witnesses to ensure a fair trial and prevent failure of justice.
The duty of the court to determine the truth and to render a just decision, and the need to exercise the power under Section 311 Cr.P.C judiciously to meet the ends of justice.
Accused filthy language and threatened to complainant - Power to summon material witness or examine - It is well settled by Hon’ble Supreme Court that lacuna cannot be fulfilled in garb of power conf....
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