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UMESH CHANDRA SHARMA
Sirajuddin – Appellant
Versus
State of UP – Respondent
JUDGMENT :
Umesh Chandra Sharma, J.
1. Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicant, learned AGA for the State and perused the record.
2. This application has been moved by the applicant to quash the order dated 03.05.2005 passed by Additional District and Sessions Judge, Court No.12, Varanasi in ST No.535 of 2002 ( State Vs. Bafati ), under Sections 363 , 366, 376 IPC, Police Station Lohta, District Varanasi, whereby the learned trial court allowed the application 77kha and summoned the victim PW-3 for re-examination under Section 311 CrPC.
3. In brief, facts of the case are that informant Munir moved a written complaint on 24.04.2001 that on 20.04.2001 when his wife Jamila had gone to Dargah Sharif, Akbarpur and he had gone to Lallapura to meet his friend, his neighbourers Nizamuddin, Sirajuddin, Mainuddin sons of Bafati and Bafati himself entered into his house at about 02:00 a.m. In the night of 20.04.2001 they forcefully took away his 14 years old daughter Rizwana. When his niece Kallo opposed, they threatened to shoot her. Till now his daughter has not come back. After return of his wife he is informing the police for taking appropriate action. On the
The court reaffirmed that recall and re-examination of witnesses under Section 311 CrPC should only occur when essential for justice, particularly rejecting unnecessary processes that may lead to an ....
The court determines that the discretionary power under Section 311 CrPC for summoning witnesses must be exercised judiciously; prior inconsistent evidence negates the necessity for re-examination.
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.
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 court established that the power under Section 311 CrPC to summon or recall witnesses is essential for ensuring a just decision in criminal trials, and must be exercised with caution to avoid pre....
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.
Rape - Power to summon material witness, or examine person present - It is clear that the application under section 311 Cr.P.C. has not been moved in a bona fide manner by revisionist to secure ends ....
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