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IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Jagabandhu Sethi – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. background of the case and jurisdiction (Para 1 , 2) |
| 2. court's analysis of section 311 cr.p.c. (Para 3 , 7 , 9 , 10 , 11 , 12) |
| 3. arguments regarding recall of witness (Para 4 , 5 , 6 , 8) |
| 4. prosecution's request deemed as lacuna filling (Para 13) |
| 5. conclusion and orders of the court (Para 14 , 15 , 16 , 17) |
JUDGMENT :
V. Narasingh, J.
1. The petitioner along with Opposite Parties 2 and 3 are facing trial in S.T. Case No.38/11(25/2008) on the file of learned Additional District & Sessions Judge, Bhadrak, arising out of Bhandaripokhari P.S. Case No. 131(15) of 2004 for commission of the alleged offices under Sections.147/ 148/ 323/ 325/ 294/ 307/354/302/149 of the I.P.C., read with Section. 3 of S.C. & S.T.(P.O.A) Act.
2. Being aggrieved by the order dated 27.01.2020 allowing the prayer of the prosecution for recalling P.W.13 Seta @Seeta Mallick in exercise of power under Section 311 Cr. P.C., the present CRLMC has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C.
3. Admittedly said Seta @ Seeta Mallick (P.W.13) was examined, cross-examined and discharged on 12.02.2016. On 10.12.2019 the Additional Public Prosecutor, Bhadrak filed an applicati
Recalling a witness under Section 311 Cr.P.C. must be essential for justice, and not merely to fill gaps in the prosecution's case, to avoid prejudicing the accused's right to a fair trial.
Court held that serious prejudice would be caused to accused by recalling a witness for purpose of identification alone as it would lead to making up inherent weakness of case and unfair advantage to....
The rejection of a request to recall witnesses under Section 311 CrPC is valid when it is deemed an attempt to prolong proceedings without just cause, emphasizing the need for fair trial principles.
The power to recall and re-examine a witness under Section 311 of Cr.P.C is essential for finding out the truth and obtaining proper proof for a just decision, especially when the witness's evidence ....
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.
Recall of witnesses – While dealing with an application filed under Section 311 of Cr.P.C., Court has to see whether application was filed by accused to delay proceedings or by prosecution to cover u....
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 court emphasized the necessity of recalling witnesses to ensure a fair trial and prevent failure of justice.
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