SANJAY KUMAR DWIVEDI
Subhas Chandra Pradhan, son of late Ramesh Chandra Pradhan – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Indrajit Sinha, learned counsel for the petitioner, Mr. Ravi Prakash Mishra, learned counsel for the State and Mr. Pradyumna Poddar, learned counsel for the CBI.
2. This petition has been filed for quashing the order dated 11.08.2022 passed by the learned Additional Sessions Judge, Chaibasa in Cr. Rev. No.11 of 2022 whereby the learned court has affirmed the order dated 02.03.2022 passed by the learned Chief Judicial Magistrate, Chaibasa. The prayer is also made to quash the order dated 02.03.2022 passed by the learned Chief Judicial Magistrate, Chaibasa in connection with C/1 Case No.54 of 2010 whereby the petition filed by the petitioner for calling original challan, which is the subject matter of R.C.07(S)/2010-AHD-R was dismissed.
3. The petitioner filed complaint in the court of the learned Chief Judicial Magistrate, Chaibasa against respondent nos. 2 to 4 stating therein that M/s. Rungta Mines Ltd. is a mining lessee and is engaged in production of Iron Ore at Village Ghatkuri P.S. Gua within the district of West Singhbhum. For the purpose of dispatch of Iron Ore that are extracted from the aforesaid mines, transit challans in Form D were issued by the Mi
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The central legal point established in the judgment is the importance of Section 311 and Section 91 of the Criminal Procedure Code in allowing the examination of witnesses and admission of relevant m....
Section 311 Cr.P.C. includes the power to admit relevant material not brought on record due to inadvertence and the duty of the criminal court is to allow the prosecution to correct errors in the int....
The court emphasized the duty to allow the prosecution to correct errors in the interest of justice and to find out the truth, citing the wide powers of the court under Section 311 of Cr.P.C. and Sec....
The Court has the discretion to summon witnesses or recall and re-examine any person if their evidence appears to be essential to the just decision of the case, as per Section 311 Cr.P.C. This power ....
The court emphasized that Section 311 Cr.P.C. must be exercised judiciously, and applications to introduce evidence cannot be used to fill evidentiary gaps left by the prosecution.
The main legal point established in the judgment is the essentiality of evidence for a just decision, as provided under Section 311 of Cr.P.C.
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