SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(All) 4116

RANJANA PANDYA
Babu Ram – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Revisionist :- Shailendra Singh Rajawat, Mukesh Kumar
For the Opposite Party :- Govt. Advocate

JUDGMENT

Ranjana Pandya, J.

Heard learned counsel for the revisionist and learned A.G.A.

2. This revision has been preferred for quashing the order dated 13.07.2016, passed by Additional District and Sessions Judge / FTC, Lakhimpur Kheri, rejecting the application filed by the revisionist under Section 311 Cr.P.C. for recalling PW-1 Kalpana and PW-2 Ramesh Chandra and during the pendency of the instant revision the further proceeding of S.T. No. 40 of 2014 may be stayed.

3. Counsel for the revisionist has placed reliance upon 2007 Cri.L.J. 1626, M/s Sree Venkatadeswara Enterprises vs. G Rajasekharan Nair, in which it has been laid down that provisions of Section 311 Cr.P.C. can be invoked before pronouncement of the judgment.

4. The provisions of Section 311 Cr.P.C. can be taken any time before the pronouncement of the judgment, hence in this way, Section 311 Cr.P.C. does not restrict the powers of the Court.

5. Counsel for the revisionist has again placed reliance upon (2013) 5 SCC 741, Natasha Singh vs. Central Bureau of Investigation (State), in which it has been laid down as under: -

"The scope and object of the provision is to enable the Court to determine the truth and to rend








Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top