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JASJIT SINGH BEDI
Budhi Singh – Appellant
Versus
Union Territory, Chandigarh – Respondent
JUDGMENT
Jasjit Singh Bedi, J. (Oral). - The prayer in the present petition under Section 482 Cr.P.C. is for the quashing of order dated 20.03.2015 (Annexure P-6) whereby the Judicial Magistrate Ist Class, Chandigarh in case titled as 'State versus Budh Singh' in FIR No.126 dated 22.04.2012 under Sections 279, 304-A IPC and Section 3/181 of M.V. Act registered with Police Station Manimajra, Chandigarh, has dismissed the application under Section 311 Cr.P.C. filed by the accused-petitioner for recalling the prosecution witnesses i.e. SI Balbir Singh, I.O. (PW-4) and Dr. Ashok Kumar (PW-3).
2. The brief facts of the case are that an FIR No.126 dated 22.04.2012 under Sections 279, 304-A IPC and Section 3/181 of M.V. Act was registered with Police Station Manimajra, Chandigarh, against the petitioner. The Trial proceeded against the accused/petitioner and witnesses were being examined.
3. As per the petitioner, on 22.08.2014, the presence of the petitioner-accused had been exempted and it was in those circumstances that the cross-examination of PW-3/Dr. Ashok Kumar could not take place and was deferred though it was recorded as 'Nil'. The matter stood adjourned from time to time and final
The court emphasized that the power under Section 311 Cr.PC should be used judiciously and not as a means to delay proceedings or fill up lacunae in the prosecution's case.
The wide powers conferred upon the courts under Section 311 CrPC to summon or recall a witness at any stage if their evidence is essential for a just decision.
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.
Section 311 Cr.P.C. includes the power to admit relevant material not brought on record due to inadvertence and the duty of the criminal court is to allow the prosecution to correct errors in the int....
Power under Section 311 CrPC to recall witnesses is wide, exercisable at any stage if essential for just decision; prosecutorial oversight in not showing material objects earlier is correctable, not ....
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