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UMESH CHANDRA SHARMA
Mehboob Pandey – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Umesh Chandra Sharma, J.
Heard Sri Shad Khan holding brief of Sri Mumtaz Ali, learned counsel for the applicant, Sri Pankaj Kumar Tripathi, learned A.G.A. For the State and perused the record.
2. This application has been moved for quashing the order dated 20.10.2022 passed by A.S.J Court No. 2 Bulandshahr whereby he rejected the application under section 311 Cr.P.C for recalling the witnesses PW-2, PW-3, PW-6, PW-8 and also to direct the learned trial court to recall the aforesaid witnesses for cross examination for proper and fair adjudication of S.T. No. 1401 of 2010 arising out of crime no. 203 of 2009, under section 147, 148, 149, 302 and 120-B I.P.C Police Station Sikandrabad District - Bulandshahr.
3. In brief, facts of the case are that during the course of the trial the applicant has been in jail since 20.12.2010. Seven Session trial cases are consolidated together and leading case is S.T. No. 853 of 2009, the applicant is a very poor person. Due to non payment of fees, local counsel did not cross examine PW-2 Rizwan Ansari, PW-3 S.I Hari Singh, PW-6 Mohsin and PW-8 I.O Virendra Singh. The applicant somehow recently engaged Mr. Krishn Kumar Saxena advocate as his co
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.
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 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....
Merely on asking the application under Section 311 of the Cr.P.C. cannot be allowed as there has to be sufficient reasons behind it.
Power to summon material witnesses under Section 311 Cr.P.C. which falls under Chapter XXIV containing general provisions as to inquiries and trials has been held to confer a very wide power on court....
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.
The power to recall witnesses under Section 311 of CrPC is essential for ensuring justice, especially when contradictions arise in testimonies.
The court emphasized that the power to recall witnesses under Section 311 Cr.P.C. must be exercised judiciously, ensuring it is essential for a just decision and not merely to fill gaps or delay proc....
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