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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Manmohan Prasad, son of Late Tej Narayan Prasad – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash/set aside the order dated 22.03.2025 passed in M.C.A. No.500 of 2025 in connection with S.T. Case No.581 of 2023 (arising out of Parsudih P.S. Case No.92 of 2023) by the learned Additional Sessions Judge-VII, Jamshedpur, whereby and where under the learned Additional Sessions Judge-VII, Jamshedpur, has rejected the petition filed by the petitioner under Section 233 (3) of the Cr.P.C. for issuing summons to the four witnesses whose names and address have been mentioned in para-2 of the petition dated 05.03.2025 filed by the petitioner- who is the accused person of the said S.T. Case No.581 of 2023 (arising out of Parsudih P.S. Case No.92 of2023, in the court of learned Additional Sessions Judge-VII, Jamshedpur,.
3. The brief fact of the case is that during trial, after closure of the evidence of the prosecution, statement under Section 313 of the Cr.P.C. has been recorded. Thereafter the petitioner, who is the accused person of the said case, was given opportunity to adduce d
The accused has an unfettered right to summon witnesses essential for the defence, and the trial court's discretion to reject such requests is limited to preventing vexation or delay.
The accused has an absolute right to summon witnesses in defense, and the trial court must allow such requests unless there are cogent reasons to deny them.
The court emphasized the discretionary and mandatory nature of the power of the court to summon and examine or recall any witness at any stage of the proceedings, and highlighted that the power shoul....
The accused's right to summon defense witnesses is fundamental and must be upheld unless there are compelling reasons to deny such requests.
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 accused has an indefeasible right to produce witnesses in his defense, and the court has a plenary power to summon any person at any stage of the proceedings to attain the highest goal of justice....
Important points:The trial court will then decide whether it is essential for a just decision of the case to examine more witnesses on the defence side. If the Court is so satisfied, the Special Judg....
The court affirmed that the summoning of witnesses under Section 311 Cr.P.C. is crucial for ensuring a fair trial and just decision.
The main legal point established in the judgment is the discretionary authority of Section 311 Cr.P.C. and the need for strong and valid reasons to summon witnesses for just decision of the case.
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