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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Kapil Dev – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. petition challenges section 311 crpc dismissal for alibi (Para 1 , 2 , 3 , 4) |
| 2. trial court rejected belated alibi evidence production (Para 5 , 6 , 7) |
| 3. hyper-technical denial violates defence rights (Para 8 , 9 , 10 , 11) |
| 4. belated application after prior defence refusal (Para 12 , 13 , 14) |
| 5. noted delay post-313 crpc negative response (Para 15 , 16 , 17) |
| 6. right to defence via section 311; no merits pre-judging (Para 18 , 19 , 20 , 21) |
| 7. order set aside; defence allowed with costs (Para 22 , 23 , 24 , 25 , 26) |
JUDGMENT :
Virender Singh, Judge
Petitioner Kapil Dev has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), challenging the order dated 26.4.2025, passed by the Court of learned Chief Judicial Magistrate, Mandi, District Mandi, H.P. (hereinafter referred to as ‘the trial Court’) in application filed under Section 311 Cr. P.C., titled as, ‘State of H.P. versus Kapil Dev’.
2. Vide order dated 26.4.2025, the learned trial Court has dismissed the application of the petitioner, filed under Section 311 Cr.P.C.
3. For the sake of convenience, parties to the present lis, are referred to, in t
Accused can file Section 311 CrPC application for defence evidence post-Section 313 declination; trial court cannot deny on delay/negligence grounds or pre-judge proposed defence merits. (24 words)
The right to present a defense is fundamental, and a court must allow evidence to be introduced unless there is a compelling reason otherwise.
Right to lead defense evidence is essential for a fair trial, and courts must ensure opportunities are provided even in cases of prior delays.
An accused person cannot claim de novo trial as a matter of right, except in exceptional circumstances where the defence counsel's representation falls below an objective standard of reasonableness.
Section 319 CrPC empowers summoning additional accused on examination-in-chief alone if it prima facie shows complicity beyond mere possibility, without needing cross-examination or Section 161 corro....
Point of Law : Discretion given by the first part is very wide and its very width requires a corresponding caution on the part of the court. But the second part does not allow any discretion; it bind....
The main legal point established in the judgment is that the discretionary power under section 311 of the Code of Criminal Procedure should be exercised judiciously, and the court should ensure that ....
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