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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
P.T. Augustine S/o Thomas – Appellant
Versus
Central Bureau of Investigation – Respondent
| Table of Content |
|---|
| 1. details of the petitioner and respondent parties. (Para 1 , 2) |
| 2. court's procedural orders regarding witness examinations. (Para 3 , 4) |
| 3. arguments relating to appropriate application of section 311 cr.p.c. (Para 5) |
| 4. court's discretion under section 311 cr.p.c. for summoning witnesses. (Para 7 , 8 , 9) |
| 5. dismissal of the petition and confirmation of the common order. (Para 10) |
ORDER :
1. Common order dated 10.02.2026 in Crl.M.P.Nos.1/2026 and 2/2026 in C.C.No.35/2014 on the files of the Special Court (SPE/CBI)-III, Ernakulam, is under challenge in this petition at the option of accused Nos.5 and 6 in the said case.
2. Heard the learned counsel for the petitioners/accused Nos.5 and 6 and the learned Special Public Prosecutor appearing for the Central Bureau of Investigation (CBI). Perused the common order under challenge and the decisions placed by the learned Public Prosecutor for CBI as well as the learned counsel for the petitioners.
3. In this matter, as on 19.12.2025, on completion of examination of PW1 to PW32 and marking of Exts.P1 to P106, after hearing both sides, the learned Special Judge, as per order dated 19.12.2025, had suo motu re-opened the case notic
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.
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 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.
The power under Section 311 CrPC should be exercised for the just decision of the case, and the evidence sought to be adduced must be essential, requiring judicial discretion.
The court emphasized the duty to allow the prosecution to correct errors in the interest of justice and to find out the truth, citing the wide powers of the court under Section 311 of Cr.P.C. and Sec....
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