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ANOOP KUMAR DHAND
Manoj Kumar @ Leelu – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. Instant petition has been preferred by the petitioner against the impugned order dated 05.11.2022 passed by the Senior Civil Judge and Additional Chief Judicial Magistrate No.2, Behror, District Alwar in Criminal Case No.196/2020 by which application filed by the learned Public Prosecutor under Section 311 Cr.P.C. has been allowed.
2. Learned counsel for the petitioner submits that the petitioner is facing trial for the offences under Section 419, 420, 467, 468, 471 and 120B IPC before the trial Court since last nine years. Counsel submits that when the matter reached at the stage of final arguments, learned Public Prosecutor submitted an application under Section 311 Cr.P.C. for summoning PW-18 Nihal Singh. However, the said application was allowed by the trial Court and the witness was summoned vide order dated 15.02.2021.
3. Counsel submits that subsequently one more application under Section 311 Cr.P.C. was submitted for summoning the witnesses Narendra Kumar, Dr. Sandesh Agarwal, Rajesh Trivedi and Jagdish Prasad along with relevant documents. Counsel submits that the said application has been allowed by the trial Court vide impugned order dated 05.11.2022. Counsel submi
The court emphasized that Section 311 Cr.P.C. must be applied judiciously and not to fill gaps in evidence at the conclusion of trial.
Power to summon material witnesses under Section 311 Cr.P.C. which falls under Chapter XXIV containing general provisions as to inquiries and trials has been held to confer a very wide power on court....
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 discretionary power under Section 311 Cr.P.C. must be exercised judiciously for strong and valid reasons and with caution and circumspection to meet the ends of justice.
The court determines that the discretionary power under Section 311 CrPC for summoning witnesses must be exercised judiciously; prior inconsistent evidence negates the necessity for re-examination.
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