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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
AJAY BHANOT
Ajay Pratap Singh Alias Ajai Sipahi – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko – Respondent
| Table of Content |
|---|
| 1. rejection of application for witness recall. (Para 2 , 3 , 4) |
| 2. judicial caution in exercising discretion. (Para 5 , 15) |
| 3. judicial power should prevent failure of justice. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. prior comprehensive cross-examination negated recall need. (Para 13 , 14) |
| 5. final order dismissing application. (Para 17) |
JUDGMENT :
1. Heard Shri Abhishek Singh, learned counsel assisted by Shri Anuj Kumar Gupta, learned counsel for the applicant, Shri Syed Farookh Ahmad, learned counsel for the first informant-opposite party no. 2 and Shri Vivek Gupta, learned AGA for the State.
3. The learned trial court while rejecting the application has first noticed the timeline of the case. As per the impugned order examination in chief of P.W. 8 Tara Singh Patel was conducted on 28.10.2022. The defence did not cross examine the P.W. 8 on the date of examination in chief. Thereafter P.W. 8 was extensively cross examined on 10.02.2023 by the defence. Adequate opportunity to cross examine P.W. 8 was thus provided to the applicant. The defence has also asked all relevant questions in the facts and circumstances of the case to the investigating officer while the latter wa
The power under Section 311 CrPC to recall witnesses must be exercised judiciously, requiring strong justification rather than mere claims of fairness.
The discretionary power to recall witnesses under Section 311 Cr.P.C. should be exercised judiciously to prevent failure of justice, ensuring a fair trial, and preventing delay.
The power under S.311, Cr.P.C. must not be used to fill gaps in evidence but to ensure a fair trial.
The power under Section 311 of the Cr.P.C. should be exercised sparingly and in the interest of justice, and the mere change of counsel is not a valid ground for the recall of a witness.
The essential test of 'just decision of the case' and the discretionary nature of Section 311 Cr.P.C, as interpreted by the Supreme Court, emphasizing the duty to examine material witnesses necessary....
The court affirmed that the denial to recall a witness based solely on delay violates the accused's right to a fair trial, underscoring the importance of using Section 311 of the Cr.P.C. to access es....
The power to recall a witness for cross-examination under Section 311 Cr.P.C. should be exercised judiciously and only when essential for a just decision, in accordance with the principles enumerated....
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