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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Manju Rani Chauhan,J.
Premanshu – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Manju Rani Chauhan, J.
1. Heard Mr. Rajeev Singh, Advocate holding brief of Mr. P.K. Singh, learned counsel for the applicant as well as Mr. Rizwan Ahmad, learned A.G.A. for the State and perused the record.
2. The present application has been filed assailing the order dated 16.06.2023 vide which the application under Section 311 Cr.P.C. as moved by the applicant for examination of P.W.-3 has been rejected.
3. Learned counsel for the applicant submits that the impugned order has been passed without application of judicial mind. During examination of P.W.-3 certain relevant questions which were important for proper adjudication of the matter could not be asked by the lawyer of the applicant, therefore, it would have been appropriate for the Court to allow the application permitting examination of P.W.-3. The order impugned has been passed in an illegal and arbitrary manner, therefore, the same may be set-aside.
4. Learned A.G.A for the State on the other hand submits that there is no illegality in the order dated 16.06.2023 as after detailed discussion and application of judicial mind, the order impugned has been passed. He further submits that the present application requesti
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.
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 wide powers conferred upon the courts under Section 311 CrPC to summon or recall a witness at any stage if their evidence is essential for a just decision.
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.
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....
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.
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