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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Sukhdeo Kumar Sharma @ Sukhdeo Sharma, S/o. Late Mitto Sharma – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. trial court rejected examining unlisted non-eyewitness hearsay witness. (Para 1 , 2 , 3) |
| 2. section 311 permits summoning material witnesses for just decision. (Para 4 , 5) |
| 3. hearsay testimony inadmissible and unnecessary; revision barred. (Para 6) |
| 4. section 311 power exercised cautiously if essential for justice. (Para 7) |
| 5. section 311 rejection order is interlocutory, revision not maintainable. (Para 9) |
| 6. no grounds to quash lower court orders; petition dismissed. (Para 10 , 11) |
ANIL KUMAR CHOUDHARY, J.
I.A. No.2612 of 2026
Heard the parties.
Learned counsel for the petitioner submits that this interlocutory application has been filed for early hearing of this Criminal Miscellaneous Petition.
Since, the hearing of this Criminal Miscellaneous Petition is taken up today, hence, this interlocutory application stands disposed of being infructuous.
Cr.M.P. No.2779 of 2025
This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the order dated 25.06.2025 passed by the learned Additional Judicial Commissioner-XV, Ranchi in Criminal Revision No.58 of 2
Order rejecting Section 311 CrPC application to examine hearsay witness, not essential for just decision, is interlocutory and revision-barred under Section 397(2); no inherent power interference abs....
A revision application against an order rejecting a recall of witnesses under Section 311 Cr.P.C. is not maintainable, as established by prior judgments.
The court established that the rejection of a application to examine a material witness is revisable when its outcome could terminate proceedings, emphasizing the need for comprehensive evidence in t....
The court emphasized the necessity of recalling witnesses to ensure a fair trial and prevent failure of justice.
Accused filthy language and threatened to complainant - Power to summon material witness or examine - It is well settled by Hon’ble Supreme Court that lacuna cannot be fulfilled in garb of power conf....
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 upheld that Section 311 Cr.P.C. allows recall of witnesses only when essential for justice, emphasizing the need for strong justification for such applications.
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