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MANJARI NEHRU KAUL
Central Bureau of Investigation – Appellant
Versus
Ravinder Singh @ Ravinder Singh Bhasin – Respondent
| Table of Content |
|---|
| 1. challenge to the dismissal of application under section 311 cr.p.c. (Para 1) |
| 2. initial incident and fir details. (Para 2 , 3) |
| 3. arguments from both parties on witness examination. (Para 8 , 9) |
| 4. necessity of witnesses for a just decision of the case. (Para 12) |
| 5. legal scope of section 311 cr.p.c. discussed. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 6. balancing rights of prosecution and accused under section 311 cr.p.c. (Para 20 , 24) |
| 7. need for witness credibility and legitimate requirements. (Para 21 , 22 , 25) |
| 8. decision to permit examination of specified witnesses. (Para 28) |
| 9. conclusion and order of the court. (Para 29 , 30 , 31) |
JUDGMENT :
Manjari Nehru Kaul, J.
1. The petitioner is challenging the order dated 15.10.2022 (Annexure P-6) passed by learned Special Judge, CBI Court, Chandigarh, whereby its application under Section 311 Cr.P.C., seeking to examine 22 prosecution witnesses, was dismissed.
2. The case originates from an FIR initially registered by the Chandigarh Police on 16.08.2008, which reads as under:-
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 emphasized that the power under Section 311 Cr.P.C. must be exercised judiciously to ensure a fair trial and should not be used merely to fill gaps in evidence.
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 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 court established that the power under Section 311 CrPC to summon or recall witnesses is essential for ensuring a just decision in criminal trials, and must be exercised with caution to avoid pre....
Power under Section 311 CrPC to recall witnesses is wide, exercisable at any stage if essential for just decision; prosecutorial oversight in not showing material objects earlier is correctable, not ....
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