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ANIL KUMAR CHOUDHARY
Mritunjay Kumar Poddar @ Mritunjay Kumar @ Mritunjay Poddar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the order dated 13.02.2024 passed by the learned Additional Sessions Judge 1st, Rajmahal in Sessions Trial No. 248 of 2013 whereby and where under the petition under Section 311 Cr.P.C. filed by the informant of the case has been allowed by the learned trial court.
3. It is submitted by the learned counsel for the petitioner that in the said Sessions Trial No. 248 of 2013, charge was framed on 14.07.2014 and in between 12.07.2018 to 05.01.2022, all the witnesses have been examined including Om Bihani Bibi and Allauddin Ansari and they have neither been declared hostile by the prosecution nor the prosecution cross-examined them. On 29.11.2022, the case of the prosecution was closed. On 09.12.2022, the statement of the petitioner who is the accused person of the case was recorded under Section 313 Cr.P.C. The evidence of the defence was closed on 06.04.2023. The case was fixed for judgment on 12.01.2024. On 08.01.2024, the informant filed an application under Section 311 Cr.P.C. with a pra
The court emphasized that the discretion under Section 311 Cr.P.C. must be exercised judiciously, ensuring that the recall of witnesses is essential for a just decision.
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.
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.
The power under Section 311, Cr.P.C. should be exercised with restraint and caution, especially at the final stage of the trial, and delay in filing the application may impact the court's decision.
The court established that the power under Section 311 CrPC to summon or recall witnesses is essential for ensuring a just decision in criminal trials, and must be exercised with caution to avoid pre....
The main legal point established in the judgment is the discretionary and mandatory aspects of S.311 of Cr.P.C., emphasizing the need for judicious exercise of power and the requirement for the evide....
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