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SHIV SHANKER PRASAD
Uday Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the order dated 29th August, 2022 passed by the Additional Sessions, Judge, Court No.15, Allahabad in Sessions Trial No. 196 of 2015 (State of U.P. Vs. Uday Yadav), arising out of Case Crime NO. 609 of 2014 under Section 302 I.P.C., Police Station Dhoomanganj, District-Prayagraj, whereby his application dated 25th August, 2022 under Section 311 Cr.P.C. praying for further cross-examination of P.W.-2 has been rejected.
2. I have heard Mr. Abhishek Kumar Yadav, learned counsel for the applicant and the learned A.G.A. for the State as well as perused the entire material available on record.
3. The relevant facts as born out from the records of the present application is as follows:
For the alleged incident occurred on 04.10.2014, first information report has been lodged by opposite party no.2 which came to be registered as Case Crime No. 609 of 2014 under section 147, 148, 149, 302 and 120B I.P.C. Police Station-Dhoomanganj, District Prayagraj on 14.10.2021. After completion of statutory investigation under Chapter XII Cr.P.C. the Police submitted charge-sheet under Section 302
Point of Law : To meet the ends of justice, the door cannot be shut against the accused persons without giving opportunity to cross-examine the witness only after he came to know that in another sess....
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 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 court has the power under Section 311 of the Cr.P.C. to summon and examine or recall and re-examine any witness if their evidence appears to be essential to the just decision of the case. This po....
Section 311 of the Code mandates courts to allow recalling witnesses if essential for achieving a just decision, reflecting the right to a fair trial.
The essentiality of evidence for a just decision of the case should be the primary factor in deciding the application under Section 311 Cr.P.C.
The central legal point established in the judgment is the interpretation and application of Sec. 311 of the Cr.P.C., emphasizing the discretionary and obligatory nature of the power to recall and re....
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