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ASHOK KUMAR VERMA
Vishwas Pandey – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Ashok Kumar Verma, J. (Oral)
CRM-33865-2022
Prayer in this application filed under Section 482 Cr.P.C. is for impleading Devendra Nagpal-complainant as respondent No. 2 being a necessary party for proper adjudication of the case.
Heard.
For the reasons stated in the application which is supported by an affidavit, the same is allowed and applicant-Devendra Nagpal- complainant, is hereby impleaded as respondent No. 2. Amended memo of parties filed along with the application is taken on record.
CRM-M-37434-2022
Through this petition filed under Section 482 Cr.P.C., prayer has been made for quashing of impugned order dated 07.07.2022 (Annexure P-4) passed by learned Sessions Judge, Faridabad, in case FIR No. 761 dated 09.11.2018 registered under Section 302 IPC and Section 25 of the ARMS ACT , 1959 at Police Station Mujesar, District Faridabad, whereby application moved by the prosecution under Section 311 Cr.P.C. for summoning additional witnesses has been allowed.
2. Briefly, the petitioner earlier was working in Tata Steel Processing and Distribution Limited, Faridabad. On the basis of one complaint made against him of having assaulted a colleague, he was charge-sheet
Section 311 Cr.P.C. allows courts to summon additional witnesses at any stage for just decision-making, underscoring the importance of ensuring no evidence essential to the truth is left out.
The court affirmed that under Section 311 Cr.P.C., witnesses can be summoned at any stage if their testimony is essential for justice, prioritizing truth and fairness in trials.
The power under Section 311 Cr.P.C. must be exercised judiciously and for strong and valid reasons, ensuring a fair trial and the just decision of the case.
The discretionary power under Section 311 CrPC should be exercised judiciously and only if the evidence is essential to the just decision of the case.
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