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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SHREE PRAKASH SINGH
Maniram Pal @ Maniram – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Home (Crime And Investigation Deptt.) Lko. – Respondent
JUDGMENT :
Shree Prakash Singh,J.
1. Ms. Swati Sharma and Mr. Aman Diwedi, Advocates have put in appearance by filing Vakalatnama for opposite party no.2/ informant and the same is taken on record.
2. Heard Sri Sheo Prakash Singh, learned counsel for the applicant, learned counsel for the opposite party no.2/ informant/ complainant, Sri Sushil Pandey, learned A.G.A. for the State and perused the record.
3. The present application is directed against the impugned order dated 23.06.2025, passed by Additional District and Sessions Judge/ Special Judge, EC Act, Pratapgarh in S.T. No. 115 of 2024, arising out of Case Crime No. 257 of 2020 under Section 307 I.P.C., Police Station Patti, District Pratapgarh. Further prayer is made that one opportunity be provided to the petitioner for cross- examination of witnesses, namely, PW-2 - Ramesh Pal and PW-3 - Dr. Anuj Kumar Chaurasiya, for fair and proper disposal of the case."
4. Briefly stated prosecution story is that the learned counsel for the applicant is that the opposite party no.2/ informant had got lodged the FIR against the petitioner on 24.09.2020, bearing Case Crime No. 257 of 2020, under Section 307 of IPC at Police Station Patti, Di
Fair trial principles mandate that the opportunity for cross-examination of significant witnesses cannot be arbitrarily denied, aligning with the objectives of Section 311 of the Cr.P.C.
The right to cross-examine witnesses is a statutory and fundamental right, crucial for ensuring a fair trial, necessitating courts to allow such opportunities to the accused.
Recall of witness – Paramount requirement is just decision and for that purpose essentiality of a person to be recalled and re-examined has to be ascertained.
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 central legal point established in the judgment is the plenary power of the court under Section 311 of the Criminal Procedure Code to summon any person at any stage of the proceedings as a witnes....
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....
The discretionary power under Section 311 of the Cr.P.C. must be exercised judiciously to prevent abuse of the legal process, especially in long-pending cases.
The right to cross-examine is a fundamental part of a fair trial, which must be upheld even in cases involving procedural delays.
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