RAJESH SINGH CHAUHAN
Ansad Badruddin – Appellant
Versus
State of U. P Thru. Addil. Chief Secy. Home Govt. Lko. – Respondent
JUDGMENT :
1. Heard Sri Ishan Baghel, learned counsel for the petitioner and Sri Pradeep Tiwari holding brief of Sri Shiv Nath Tilhari, learned counsel for opposite party no. 2 as well as Sri Ram Raj, learned AGA for the State.
2. By means of this petition under Section 482 Cr.P.C., the petitioner has prayed the following main reliefs:
The main legal point established is that the examination of witnesses should be conducted strictly in accordance with the relevant legal provisions, and the trial court's discretion in deferring cros....
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 accused persons should not be forced to cross-examine the witness if the application filed under section 231(2) of the Criminal Procedure Code is allowed, and a criminal court cannot alter or rev....
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 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 that the exercise of discretion under section 231(2) of Cr.PC must be based on sufficient reasons justifying the deferral of cross-examination, and....
The central legal point established in the judgment is the plenary power of the court under Section 311 of the Criminal Procedure Code to summon any person at any stage of the proceedings as a witnes....
Discretion under Section 231(2) of Cr.P.C. allows deferring cross-examination to protect the accused's right to a fair trial, balancing between the defense's interest and prosecution’s prerogative.
The discretion to defer cross-examination under Section 231(2) of the Cr.P.C. must be exercised judiciously to prevent potential prejudice to the defense, particularly in cases involving related witn....
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.