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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Gurinder Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. details on the procedural background of the case. (Para 1) |
| 2. prior dismissals of applications for evidence. (Para 2) |
| 3. arguments regarding the availability of new evidence. (Para 3 , 4 , 5 , 6) |
| 4. the court’s rationale and observations on trial delays. (Para 7 , 8) |
| 5. court's decision to allow introduction of new evidence. (Para 9 , 10) |
JUDGMENT
Mr. G.S. Sandhawalia, J.(Oral)
Challenge in the present criminal revision petition is to the order of the learned Sessions Judge, Jalandhar dated 06.07.2023 wherein the prayer for placing on record the certified copies of the reports of the Special Investigating Team (SIT) given in compliance of the directions of this Court in CWP-20359-2013 alongwith one bail order dated 07.08.2020 (Annexure P-8) passed in CRM-M-19751-2020 filed by the dismissed Investigating Officer Inderjit Singh whereby his bail application was dismissed, has been declined while dismissing the application under Section 311 Cr.P.C. in case FIR No.60 dated 01.06.2012 under Sections 22 /29/25/61 of NDPS Act lodged at Police Station Kartarpur, District Jalandhar.
2. The reasoning which weighed with the learned Sessions Court while dismissing the application u
Section 311 of the Cr.P.C. allows courts to recall witnesses essential for a just decision, emphasizing that oversights in prosecution do not constitute irreparable lacunae. Judicial discretion must ....
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 upheld that Section 311 Cr.P.C. allows recall of witnesses only when essential for justice, emphasizing the need for strong justification for such applications.
The court established that the rejection of a application to examine a material witness is revisable when its outcome could terminate proceedings, emphasizing the need for comprehensive evidence in t....
Orders under Section 311 Cr.P.C. are interlocutory and revisions against such orders are not maintainable, affirming the court's power to allow subsequent applications to ensure justice.
Rape - Power to summon material witness, or examine person present - It is clear that the application under section 311 Cr.P.C. has not been moved in a bona fide manner by revisionist to secure ends ....
The court emphasized the duty to allow the prosecution to correct errors in the interest of justice and to find out the truth, citing the wide powers of the court under Section 311 of Cr.P.C. and Sec....
The court emphasized the necessity of recalling witnesses to ensure a fair trial and prevent failure of justice.
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