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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANISHA BATRA
Azad Singh – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
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| 1. establishing the procedural history and factual matrix of the revision petition regarding the section 311 cr.p.c. application. (Para 1 , 2 , 3) |
| 2. conflicting contentions regarding the necessity of recalling hostile witnesses versus the prohibition against filling prosecution lacunae. (Para 4 , 5 , 6 , 7) |
| 3. judicial discretion under section 311 cr.p.c. requires valid reasons and cannot be invoked merely to fill gaps in evidence. (Para 8 , 9 , 10 , 11) |
JUDGMENT :
MANISHA BATRA, J.
1. The instant revision petition has been filed by the petitioner against the order dated 20.05.2024, passed by the Court of learned Additional Sessions Judge, Hisar in case arising out of FIR No. 293 dated 23.11.2021, registered under Section 304 of IPC and Sections 25 and 30 of the Arms Act, 1959 at Police Station Bass, District Hisar, whereby an application filed by the petitioner under Section 311 of Cr.P.C. had been partly allowed and the prayer made by the petitioner for re-examining four witnesses, namely Raj Singh, Sanup, Nitesh and Azad Singh/petitioner, had been declined.
2. Brief facts relevant for the purpose of disposal of this petition are that the aforementioned FIR was regis
The power to recall witnesses is a discretionary power to be exercised sparingly for the ends of justice. It cannot be invoked to fill lacunae in the prosecution or defense case or to provide an unfa....
The court upheld that Section 311 Cr.P.C. allows recall of witnesses only when essential for justice, emphasizing the need for strong justification for such applications.
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 ....
The court emphasized the necessity of recalling witnesses to ensure a fair trial and prevent failure of justice.
The court reaffirmed that recall and re-examination of witnesses under Section 311 CrPC should only occur when essential for justice, particularly rejecting unnecessary processes that may lead to an ....
The court determines that the discretionary power under Section 311 CrPC for summoning witnesses must be exercised judiciously; prior inconsistent evidence negates the necessity for re-examination.
The essentiality of evidence for a just decision of the case is the primary factor in deciding the application under Section 311 Cr.P.C.
Accused filthy language and threatened to complainant - Power to summon material witness or examine - It is well settled by Hon’ble Supreme Court that lacuna cannot be fulfilled in garb of power conf....
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