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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MUKESH RAJPUROHIT
Gangaram S/o Bharuram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The matter comes up on an application (IA No.01/2025) filed by the petitioner for rectification in the date of impugned order.
2. Learned counsel for the petitioner submits that although, the revision petition has been filed challenging order dated 09.09.2025 passed by the learned trial court but due to a typographical and inadvertent error, date of the impugned order has been incorrectly mentioned as 08.10.2025 in both subject matter and the prayer clause of the revision petition. It is submitted that error was unintentional and bona fide. Therefore, learned counsel prays that application for rectification be allowed.
3. In view of the reasons stated in the application, same is allowed. The date of the impugned order mentioned in the subject matter and the prayer clause of the revision petition shall be corrected to 09.09.2025 in place of 08.10.2025.
4. By way of present revision petition, the petitioner has challenged the order dated 09.09.2025 passed by the learned Special Judge, NDPS cases, (Additional Sessions Judge, No.1), Barmer, whereby application moved by the prosecution under Section 311 of the Code of Criminal Procedure has been allowed.
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Rape - Power to summon material witness, or examine person present - It is clear that the application under section 311 Cr.P.C. has not been moved in a bona fide manner by revisionist to secure ends ....
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 ....
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 court emphasized that the power under Section 311 of the Cr.P.C. must be exercised judiciously, ensuring that it serves the ends of justice and is not based on arbitrary claims of coercion.
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