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KARAMJIT SINGH
Ravinder Walia – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. factual background regarding fir and application (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding section 311 cr.p.c. (Para 5 , 6 , 7) |
| 3. court analysis of section 311 cr.p.c. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. court's view on necessity of evidence (Para 14 , 15) |
| 5. directional order for the trial court (Para 16) |
| 6. conclusion and next steps in the trial (Para 17 , 18 , 19) |
JUDGMENT
Karamjit Singh, J.
Petitioner-Ravinder Walia has filed the present petition under Section 482 of Cr.P.C. for quashing of order dated 8.1.2020 (Annexure P- 15) passed by the Court of learned Judicial Magistrate, Panipat whereby an application filed by the petitioner under Section 311 Cr.P.C. for calling/recalling of the concerned witnesses was rejected in a criminal case having FIR No.743 dated 15.6.2023 registered under Sections 420 , 467, 471, 120-B IPC at Police Station Panipat.
2. Brief facts of the case in nutshell are that the aforesaid FIR was registered against respondents No.2, 3 and 4 on the basis of the complaint lodged by Ujaggar Singh (since deceased) wherein he alleged that plot No.486, Sector 24, Panipat was allotted to his son Sethi Singh by Haryana Urban Development Authority (in
The court emphasized that Section 311 Cr.P.C. must be exercised judiciously, and applications to introduce evidence cannot be used to fill evidentiary gaps left by the prosecution.
The wide power conferred under Section 311 Cr.P.C. allows the court to recall witnesses or lead additional evidence for a fair trial and just decision.
The court affirmed that under Section 311 CrPC, the recall of witnesses is permissible to ensure justice and allow the accused to present a complete defence, emphasizing the necessity of evidence for....
Power under Section 311 Cr.P.C. exercisable at any trial stage; court must examine if additional evidence essential for just decision, rejection merely on ground of arguments stage improper.
The discretionary power under Section 311 of the Cr.P.C. should be exercised judiciously and only for strong and valid reasons to prevent abuse of the process of law and ensure expeditious conclusion....
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