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SUMEET GOEL
Satnam Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
SUMEET GOEL, J.
1. The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 laying challenge to the order dated 27.03.2024 passed by Special Judge, Sri Muktsar Sahib whereby application; filed by the State, under Section 311 of Code of Criminal Procedure, 1973 (hereinafter to be referred as the ‘Cr.P.C.’), for re-calling two witnesses i.e. PW-1 (victim) and PW-3 (Shaminder Kumar) for further re-examination, has been allowed.
2. Learned counsel for the petitioner has argued that the aforesaid two witnesses have already been examined by the prosecution in detail and have also been cross-examined by the defence. Moreover, the said witnesses have been recalled in a mechanical manner in order to fill up the lacuna and plugging the loopholes which would be detrimental to the case of the accused-petitioner. According to learned counsel, the Court below has erred in allowing the present application just to delay the trial. Learned counsel has further argued that the powers under Section 311 of Cr.P.C. have to be exercised sparingly and cautiously and not arbitrarily. However, the Court Sahib in Court; relevant whereof reads as under:
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 that the power of a trial Court under Section 311 of Cr.P.C. to allow re-examination of a witness for the purpose of conducting cross-examination o....
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 essential test of 'just decision of the case' and the discretionary nature of Section 311 Cr.P.C, as interpreted by the Supreme Court, emphasizing the duty to examine material witnesses necessary....
Power to summon material witnesses under Section 311 Cr.P.C. which falls under Chapter XXIV containing general provisions as to inquiries and trials has been held to confer a very wide power on court....
Merely on asking the application under Section 311 of the Cr.P.C. cannot be allowed as there has to be sufficient reasons behind it.
The court emphasized that the power under Section 311 of the Cr.P.C. must be exercised judiciously, ensuring that it serves the ends of justice and is not based on arbitrary claims of coercion.
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