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SUJOY PAUL, PRANAY VERMA
Arun Kumar Dey – Appellant
Versus
State of M. P. Through Special Police Establishment – Respondent
ORDER
Paul, J. -- 1. This petition filed under section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) takes exception to the order dated 24.8.2021 passed by the Special Judge (PC Act), Ujjain in Special Case No.4/2018 whereby the application preferred by the petitioner under section 311 of the Cr.P.C. is rejected by the Court below.
2. In nutshell, the case of the is that he is facing prosecution under sections 7, 13(1) and 13(2) of the Prevention of Corruption Act, 1988 (PC Act). The case of the prosecution is that petitioner has received an illegal gratification for executing lease deed in favour of the complainant. The petitioner at the relevant time was working as Manager of District Industries Centre at Ujjain where he was contacted by the complainant for execution of lease deed in his favour. During this process, the petitioner allegedly demanded an illegal gratification which resulted into a trap in which petitioner's hands, pocket and pant were washed in sodium earbonate solution which turned pink. Bottles in which washings were kept, were sent to the Forensic Science Laboratory, Rau, District – Indore for analysis.
3. In turn, Scientific Officer submitted the report w
The court emphasized that Section 311 Cr.P.C. must be applied judiciously and not to fill gaps in evidence at the conclusion of trial.
The essentiality of summoning a witness for a just decision of the case under Section 311 Cr.P.C. and the need to prevent delay in the trial.
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.
Point of Law : To meet the ends of justice, the door cannot be shut against the accused persons without giving opportunity to cross-examine the witness only after he came to know that in another sess....
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 duty of the court to determine the truth and to render a just decision, and the need to exercise the power under Section 311 Cr.P.C judiciously to meet the ends of justice.
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