Back
ASHOK KUMAR VERMA
Vishwas Pandey – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. impleading necessary parties for adjudication. (Para 1) |
| 2. quashing petition on allowance of additional witnesses. (Para 2) |
| 3. arguments regarding delay and necessity of witnesses. (Para 3 , 4) |
| 4. court's role in ensuring fair trial and justice. (Para 5 , 9 , 10) |
| 5. interpretation of section 311 cr.p.c. (Para 7) |
| 6. just decision requires admission of additional evidence. (Para 8 , 12) |
| 7. court must prioritize truth over technicalities. (Para 11) |
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 0
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
