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GURVINDER SINGH GILL
Surinderpal Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. application for recalling witnesses (Para 1 , 2) |
| 2. petitioner's procedural issues raised (Para 3 , 4) |
| 3. trial court's decision on cross-examination (Para 5 , 6 , 7) |
| 4. sufficient opportunities for cross-examination provided (Para 8 , 10 , 12) |
| 5. petitioner's tactics found dilatory (Para 11 , 13 , 14) |
| 6. impugned order upheld (Para 15) |
JUDGMENT
Gurvinder Singh Gill, J.
The instant revision petition has been filed by accused/petitioner Surinderpal Singh assailing order dated 22.2.2023 vide which an application dated 20.2.2023 (Annexure P-3) under Section 311 Cr.P.C. filed by the petitioner for recalling 8 prosecution witnesses i.e. PW-20 Divleen Singh, PW-53 Surinder Kumar, PW-57 Sanjeev Kumar Gupta, PW-71 Ashish Kapoor, PW- 66 Inspector Inderpal Singh, PW-62 Arjun Singh, PW-8 Dharminder Singh and PW-74 Nageshwar Rao has been dismissed.
2. The petitioner alongwith another 10 accused is facing trial before the Special Court, SAS Nagar, Mohali in a case arising out of FIR No. 6 dated 8.6.2017 registered under Sections 420 , 465, 467, 468, 471, 506/120B IPC and sections 13(1)(d), 13(2) of the Prevention of Corruption Act, 1988 at Police Station Vigilance Bureau, Flying S
The right to cross-examine witnesses is not absolute and requires justification; a mere change of counsel does not alone satisfy the criteria for recalling a witness under Section 311 CrPC.
Re-examination - Scope of section 311 Cr.P.C. - Section 311, Cr.P.C. that request for re-examination has been made solely on ground that Senior Counsel has been engaged in place of a Junior Counsel a....
The right to cross-examine is fundamental, but the court's discretion under Section 311 must be exercised judiciously, especially against unreasonable delays in raising procedural issues.
A change of counsel does not justify recalling a witness for further cross-examination; sufficient grounds must be shown to avoid delaying proceedings.
The main legal point established in the judgment is that a petitioner must avail the opportunities given by the court, and a mere change of counsel does not suffice as a reason for not cross-examinin....
The Trial Court has ample/wide power to summon any material witness or person for examination or re-examination in exercise of its power conferred upon it under Section 311 Cr.P.C. and this discretio....
The power under Section 311, Cr.P.C. should be exercised with restraint and caution, especially at the final stage of the trial, and delay in filing the application may impact the court's decision.
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