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JASJIT SINGH BEDI
Sanjiv Kumar Rana – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. background on fir and agreements (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments for the inclusion of evidence (Para 9 , 10) |
| 3. court's analysis of section 311 cr.p.c. (Para 11 , 12 , 13) |
| 4. emphasis on fairness and rectification of errors (Para 15 , 16) |
| 5. final decision to allow evidence and conclude trial (Para 17 , 18) |
JUDGMENT
Jasjit Singh Bedi, J.
The prayer in the present petition under Section 482 Cr.P.C. is for the quashing of order dated 04.12.2019 (Annexure P-4) passed by the Judicial Magistrate Ist Class, Ludhiana in case titled as ' State v. Parwinder Singh and others' whereby the application under Section 311 Cr.P.C. has been dismissed.
2. The brief facts of the case are that the petitioner (complainant) got registered an FIR No.133 dated 30.07.2014 under Sections 406 , 420, 120- B IPC at Police Station Daba, Ludhiana against Surjit Kaur with the allegations that he (complainant) had entered into an agreement to sell dated 09.07.2013 with Surjit Kaur (respondent No.3) for the sale of a house measuring 75 Sq.Yds. and had paid a sum of Rs.3,00,000/- to her. The respondent No.2/Parwinder Singh and respondent No.4/Kamaljit Singh were witnesses to the said agr
The Court has the discretion to summon witnesses or recall and re-examine any person if their evidence appears to be essential to the just decision of the case, as per Section 311 Cr.P.C. This power ....
(1) Court is vested with a broad and wholesome power, in terms of Section 311 of Cr.P.C., to summon and examine or recall and re-examine any material witness at any stage and closing of prosecution e....
The court upheld the trial court's decision to recall a witness under Section 311 of the CrPC, emphasizing the necessity of evidence for a just decision and the right to a fair trial.
The court has broad discretionary power under Sections 311 and 91 of the Cr.P.C. to allow additional evidence essential for a just decision, even after the closure of evidence.
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