Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
CHITTARANJAN DASH
Golakha Chandra Pradhan – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. background facts of the case (Para 1 , 2 , 3) |
| 2. arguments regarding section 311 cr.p.c. (Para 4 , 5) |
| 3. court's interpretation of section 311 cr.p.c. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. conclusion and order to set aside prior judgments (Para 12) |
JUDGMENT :
Chittaranjan Dash, J.
1. Heard learned counsels for both the parties.
2. By means of this application, the Petitioner seeks to set aside the order dated 21.01.2022 passed by the learned J.M.F.C., Kendrapara in G.R. Case No.1579 of 2016 and the confirming order dated 05.07.2022 passed by the learned Sessions Judge, Kendrapara in Criminal Revision No.05 of 2022 under Annexure-6 and 7 respectively.
3. The background facts of the case are that the Petitioner, being the Informant, lodged FIR before the Sadar P.S., Kendrapara vide P.S. Case No.321 of 2016,arising out of G.R. Case No.1579 of 2016, against the Opposite Party No.2 for commission of offence under Sections 294 /506/427 IPC. The matter was henceforth brought to trial. The P.W.5 namely Prahallad Pradhan, who adduced his evidence on 02.05.2019 and cross-examined by the defence was required to be recalled for further cross-examination. To meet the same, an application
Discretion under Section 311 Cr.P.C. must not exceed limits of necessity and fairness, avoiding extensive questioning that leads to roving cross-examination.
The discretionary power to recall witnesses under Section 311 Cr.P.C. should be exercised judiciously to prevent failure of justice, ensuring a fair trial, and preventing delay.
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 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....
The power under Section 311 of the Cr.P.C. should be exercised sparingly and in the interest of justice, and the mere change of counsel is not a valid ground for the recall of a witness.
Section 311 Cr.P.C. affords discretionary power to recall witnesses but must be exercised with caution, not to prolong proceedings without compelling reasons.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
