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SURENDRA SINGH I
Shiv Mohan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Heard learned counsel for the revisionists, learned counsel for the opposite party No.2 and learned A.G.A. for the State.
2. The present criminal revision has been instituted against the impugned judgement and order dated 11.05.2023 passed by Special Judge (E.C. Act), Fatehpur in S.T. No. 679 of 2020 (State Vs. Shiv Mohan and others) arising out of Case Crime No. 88 of 2020 under sections 323, 504, 304 I.P.C., Police Station- Malwan, District- Fatehpur.
3. By the impugned order, the trial court has rejected the application 16-B filed by the revisionist no. 1 under section 311 Cr.P.C. to summon P.W.1 Balwant Singh for cross-examination.
4. Learned counsel for the revisionists submitted that regarding the incident, an N.C.R. against Raj Kumar and Gore Lal was registered by P.W.1 Balwant Singh. The accused, Shiv Mohan also got registered an F.I.R./N.C.R. No. 46 of 2020 under Section 323, 504 I.P.C., Police Station-Malwan, District- Fatehpur. In the F.I.R./N.C.R. of the alleged incident registered by the revisionist no. 1, his son had received serious injuries in the same incident. It has been also submitted that in the case registered by Balwant Singh, after investigation, cha
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.
The discretionary nature of the power under Section 319 CrPC and the requirement of strong and cogent evidence to summon additional accused during trial.
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....
Section 311 of the Cr.P.C. allows courts to recall witnesses essential for a just decision, emphasizing that oversights in prosecution do not constitute irreparable lacunae. Judicial discretion must ....
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The court emphasized the discretionary and extraordinary nature of the power under Section 319 Cr.P.C., requiring stronger evidence than a prima facie case against the accused and the need for specif....
The main legal point established in the judgment is that a petitioner must avail the opportunities given by the court, and a mere change of counsel does not suffice as a reason for not cross-examinin....
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