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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Habib Ur Rehman – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Manisha Batra, J.(Oral)
1. The instant petition has been filed under Section 482 of Cr.P.C. by the petitioner seeking quashing of order dated 07.10.2023 passed by the Court of learned Additional Sessions Judge, Gurugram in Sessions case bearing No.109 of 2021 having arisen out of FIR No.356 dated 02.11.2020 registered under Sections 304-B, 302, 406, 120-B and 34 of IPC at Police Station Kherki Daula, Gurugram whereby an application filed under Section 311 of Cr.P.C. by the petitioner for recalling 16 witnesses for further cross-examination had been dismissed.
2. Brief facts of the case relevant for the purpose of disposal of this petition are that the petitioner is facing trial for commission of offences punishable under Section 304-B and 406 read with Section 34 of IPC on the basis of written complaint filed by the complainant Vinay Ratta alleging that his daughter Hitaksha Ratta had eloped with the petitioner and got married with him in the year 2018. They came into contact with her again after three months thereafter. His daughter along with the petitioner had come to his house and three months after her marriage with him, and at that time, he had given dowry as per his
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 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.
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.
The right to cross-examine witnesses is a statutory and fundamental right, crucial for ensuring a fair trial, necessitating courts to allow such opportunities to the accused.
The main legal point established in the judgment is that the power of a trial Court under Section 311 of Cr.P.C. to allow re-examination of a witness for the purpose of conducting cross-examination o....
The aim of every Court has to discover the truth. Section 311 of the Code is one of many such provisions of the Code which strengthen the arms of a Court in its effort to ferret out the truth by proc....
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