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SUMEET GOEL
Manish – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
SUMEET GOEL, J.
1. Challenge in the present criminal miscellaneous petition under Section 482 of the Cr.P.C., is laid to the order dated 25.11.2022 passed by learned Judicial Magistrate Ist Class, Karnal and order dated 18.04.2023 passed by the learned Sessions Judge, Karnal, whereby an application filed by the petitioner under Section 311 of Cr.P.C. stands dismissed.
2. The present petition has been filed by the petitioner apparently in the most cursory, casual and apathetic manner. In as much as the application filed by the petitioner under Section 311 of the Cr.P.C., which is the genesis of the dispute in the present case is not made part of the record of the case. No other pleadings forming part of the lis before the learned Trial Court or the learned Sessions Court have been made part of the record of the present criminal petition. Needless to say that in the absence of all these pleadings, which are the bare minimum requirements to evaluate the cause of grievance of the petitioner, present petition is an onerous task left for this Court to be adjudicated.
3. However, after evaluating the entire relevant material available on record of the case, just in the shape of the
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 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 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 court's decision emphasized the need to exercise the power under Section 311 Cr.P.C judiciously and to avoid delaying trial proceedings through repeated applications for witness recall.
Section 311 of Cr.PC. empowers Court to call any person as witness at any stage of inquiry, trial or other proceeding in order to reach to just decision of case.
Accused filthy language and threatened to complainant - Power to summon material witness or examine - It is well settled by Hon’ble Supreme Court that lacuna cannot be fulfilled in garb of power conf....
The power to recall witnesses under Section 311 Cr.P.C. must be exercised judiciously, primarily to ensure justice, and not to remedy perceived inadequacies in prior legal representation.
The court emphasized that the application for recalling witnesses should not be allowed if it is filed to delay the trial or to cover up lacunae.
The discretionary power under Section 311 of the Cr.P.C. should be exercised judiciously and only for strong and valid reasons to prevent abuse of the process of law and ensure expeditious conclusion....
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