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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
Suresh Kannan – Appellant
Versus
State of Tamilnadu, Rep. by, the Inspector of Police, Central Crime Branch – Respondent
| Table of Content |
|---|
| 1. factual background of the case context. (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioner argues against witness recall. (Para 6) |
| 3. government supports recall for justice. (Para 7 , 8) |
| 4. court considers procedural validity of the trial. (Para 9 , 10 , 11) |
| 5. section 311 allows recall for just decision. (Para 12) |
| 6. earlier evidence linking remains crucial. (Para 19 , 20) |
| 7. right of the accused preserved during recall. (Para 21 , 22) |
| 8. court's discretion must not be arbitrary. (Para 23) |
| 9. judicial discretion exercised appropriately. (Para 24) |
| 10. conclusion upholding the trial court's decision. (Para 27 , 28) |
ORDER :
L.VICTORIA GOWRI, J.
This Criminal Original Petition is filed by the third accused in S.C.No.47 of 2016 on the file of the learned Additional District and Sessions Judge, Sivagangai, invoking the inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure), seeking to set aside the order dated 01.11.2025 passed in Crl.M.P.No.7 of 2024, whereby the learned Trial Court allowed a petition filed under Section 311 Cr.P.C., 1973, to recall and further examine P.W.1 and
The court confirmed the authority to recall witnesses under Section 311 Cr.P.C. is intended to ensure a just trial, balancing the need for complete evidence against the rights of the accused.
The court must exercise caution in recalling witnesses under Section 311 Cr.P.C. to avoid unfair advantage to the prosecution and ensure just decision.
Recall of witnesses post-trial is impermissible when judgment is reserved, ensuring efficient justice delivery without misusing procedural provisions.
The power under Section 311 CrPC should be exercised for the just decision of the case, and the evidence sought to be adduced must be essential, requiring judicial discretion.
The court emphasized the necessity of recalling witnesses to ensure a fair trial and prevent failure of justice.
The main legal point established in the judgment is that the discretionary power under Section 311 of Cr.P.C. should be exercised judiciously and for strong and valid reasons, and the petitioner's fa....
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