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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Vijay Singh – Appellant
Versus
State of HP – Respondent
| Table of Content |
|---|
| 1. petition quashes trial court order recalling pw17 and pw41 under s.311 crpc. (Para 1 , 2) |
| 2. arguments: cryptic order, delay, lacuna filling, prejudice to speedy trial. (Para 3 , 5) |
| 3. state: essential to show revolver, bullet to post-mortem doctor, lab expert. (Para 6) |
| 4. s.311 crpc grants wide discretionary power for essential evidence. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 5. must show offence weapon to medical officer for injury causation opinion. (Para 13 , 14 , 15) |
| 6. ballistic expert verifies if produced revolver matches test-fired one. (Para 16) |
| 7. prosecutor oversight not lacuna; s.311 permits rectification. (Para 17 , 18 , 19) |
| 8. s.311 recall allowed at any stage, even after partial arguments. (Para 20) |
| 9. no grounds for interference; petition dismissed. (Para 21 , 22 , 23) |
The petitioner has filed the present petition for quashing of the order dated 7.11.2025, passed by learned Additional Sessions Judge-1, Solan, H.P. (learned Trial Court), vide which the application for recalling the witnesses Dr Sangeet Dhillon (PW17) and Naseeb Singh Patial (PW41) was allowed. (Parties shall hereinafter be referred to in the same manner as they were ar
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 ....
Section 311 of Cr.P.C. empowers the court to summon or recall witnesses if their evidence appears to be essential to the just decision of the case. The court's discretion in exercising this power sho....
The wide powers conferred upon the courts under Section 311 CrPC to summon or recall a witness at any stage if their evidence is essential for a just decision.
The court emphasized that the power under Section 311 Cr.P.C. must be exercised judiciously to ensure a fair trial and should not be used merely to fill gaps in evidence.
Merely on asking the application under Section 311 of the Cr.P.C. cannot be allowed as there has to be sufficient reasons behind it.
The power under Section 311 Cr.P.C. must be exercised judiciously and for strong and valid reasons, ensuring a fair trial and the just decision of the case.
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