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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Vijay Singh – Appellant
Versus
State of HP – Respondent
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 arrayed before the learned Trial Court for convenience.)
2. Briefly stated, the facts giving rise to the present petition are that the police have filed a charge sheet against the accused for the commission of offences punishable under Sections 302, 307, 353, and 201 of the Indian Penal Code (IPC) and Section 25 of the Arms Act, 1959. The matter was listed for arguments on 3.5.2025. The arguments were partly addressed on that day, and the matter was adjourned for further arguments, when the prosecution filed an application under Section 311 Cr.P.C. for recalling Dr. Sangeet Dhillon (PW17) and Naseeb Singh Patial (PW41), claiming that the bullet and the revolver could not be shown to them due to the oversight. The application was opposed by the accused but was allowed by the learned Trial Cou
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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