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IN THE HIGH COURT OF ORISSA AT CUTTACK
ADITYA KUMAR MOHAPATRA
Debendra Kumar Jain @ Debendra Jain – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. modification of case title and hearing procedures. (Para 1 , 2 , 3 , 4) |
| 2. right to cross-examine key witnesses. (Para 5 , 6 , 7) |
| 3. fundamental right to a fair trial emphasized. (Para 10 , 11 , 12 , 13) |
| 4. rejection of application on grounding of delay is unsustainable. (Para 14) |
| 5. remand to trial court with urgency for completion. (Para 15 , 16 , 17) |
Judgment :
1.On the oral prayer made by the learned counsel for the Petitioner, he is permitted to correct the cause title of the Criminal Miscellaneous Case.
2. Heard learned counsel appearing for the Petitioner as well as learned Additional Government Advocate appearing for the State-Opposite Party. Perused the application as well as the documents annexed thereto.
4. On perusal of the impugned order dated 22.08.2024, it appears that the accused-Petitioner filed an application before the learned trial court under Section 311 of the Cr.P.C. to recall P.W.19 for further cross-examination, as the said prosecution witness could not be examined by the accused earlier.
6. Learned counsel for the Petitioner further submitted that after the trial was recommenced, the Petitioner moved an application under Section 311 of Cr.P.C
The court affirmed that the denial to recall a witness based solely on delay violates the accused's right to a fair trial, underscoring the importance of using Section 311 of the Cr.P.C. to access es....
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 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.
The discretionary power under Section 311 of the Cr.P.C. must be exercised judiciously to prevent abuse of the legal process, especially in long-pending cases.
Section 311 of the Code mandates courts to allow recalling witnesses if essential for achieving a just decision, reflecting the right to a fair trial.
The power to recall a witness for cross-examination under Section 311 Cr.P.C. should be exercised judiciously and only when essential for a just decision, in accordance with the principles enumerated....
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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