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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AMAN CHAUDHARY
Anil Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
AMAN CHAUDHARY, J.
1. Challenge in the present petition is to the order dated 06.03.2026, Annexure P-6, vide which application filed by the petitioner under Section 311 Cr.P.C., to recall PW 13/Witness No.18 Inspector Lakhwinder Singh, Investigating officer, has been dismissed.
2. Learned counsel contends that on 27.01.2026, cross-examination of the said witness could not be conducted on account of the defence counsel had to go to his home for some personal work. He has filed an application under Section 311 Cr.P.C., for cross-examination of the said witness, but the same was wrongly dismissed merely on the ground that the same is an attempt to delay the trial. Due to absence of his counsel, the petitioner should not be penalized. An irreparable loss and prejudice is being caused to him. Only one opportunity, which may even be subject to costs, be granted.
3. Notice of motion.
4. At the asking of the Court, accepts notice on behalf of the respondent No.1-State and opposes the petition on the ground that trial is at the fag end and the prosecution evidence has been closed as the list of witnesses has exhausted. The trial Court has rightly dismissed the application, it being fi
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 main legal point established in the judgment is the discretionary and mandatory aspects of S.311 of Cr.P.C., emphasizing the need for judicious exercise of power and the requirement for the evide....
The main legal point established is the judicious exercise of discretionary power under Section 311 of the Cr.P.C. to ensure the just decision of the case, considering the essentiality of evidence an....
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.
Recall of witness – Paramount requirement is just decision and for that purpose essentiality of a person to be recalled and re-examined has to be ascertained.
The right to cross-examine a complainant is essential for a fair trial, and its denial violates principles of natural justice and Article 21 of the Constitution.
Power under Section 311 Cr.P.C. has to be exercised only when it is essential for just decision of case.
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