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MANISH MATHUR
Sanket Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Manish Mathur, J.
1. Heard Mr. Ashutosh Yadav, learned counsel for accused-applicant, Mr. Satyendra Tiwari, learned Additional Government Advocate appearing for opposite party no.1 State and Mr. Imran Ullah, learned counsel for opposite party no.2.
2. Application under Section 482 Cr.P.C. has been filed for modification of order dated 17.01.2024 passed in Sessions Trial No.401 of 2017, State versus Sanket & Ors., arising out of Case Crime No.1263 of 2016, under Sections 147, 148, 149, 307, 302, 506, 120B IPC and Section 7 Criminal Law Amendment Act, Police Station Quarsi, District Aligarh by directing summoning of witnesses no.1, 2 and 8 at the expense of State Government and not at the expense of accused-applicant. Further prayer for quashing part of the order dated 17.01.2024 passed in the aforesaid case so far as it rejects summoning of witnesses 3, 4, 5, 6 & 7 has been sought. Prayer has also been made for quashing of the said order dated 17.01.2024 whereby application no.92 Kha for summoning of record of affidavit verification photo from the record keeper of Photo Identification Centre of this Court has been made.
3. Learned counsel for accused-applicant submits that ea
The court emphasized the necessity of allowing applications under Section 233 Cr.P.C. to ensure a fair trial, particularly in serious criminal cases.
The accused has an absolute right to summon witnesses in defense, and the trial court must allow such requests unless there are cogent reasons to deny them.
The power under Section 311 Cr.P.C. must be exercised judiciously and for strong and valid reasons, ensuring a fair trial and the just decision of the case.
A reading of Section 311 of Cr.P.C. makes it clear that any Court can summon any person as a witness or to recall and re-examine any person already examined at any stage.
The court emphasized the need for essential evidence to arrive at a just decision and discussed the exercise of discretion under Section 311 Cr.P.C. in light of relevant case law.
Only the prosecution can submit additional documents in a sessions trial; witnesses cannot independently introduce evidence, ensuring trial integrity.
The Court has the discretion to summon witnesses or recall and re-examine any person if their evidence appears to be essential to the just decision of the case, as per Section 311 Cr.P.C. This power ....
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