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PREM NARAYAN SINGH
Manju – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The petitioner has filed this present petition under section 397 r/w 401 of the Code of Criminal Procedure [Section 438 r/w 442 of the Bhartiya Nagarik Surksha Sanhita (BNSS), 2023] being aggrieved by the order dated 12.8.2024 whereby the application filed by the prosecution under section 348 of the BNSS, 2023 has been allowed by the trial Court.
2. The petitioner is facing session trial under section 302 of the Indian Penal Code and section 25 and 27 of the Arms Act which is pending before the 6th Additional Sessions Judge, District Shajapur (MP). The final argument of the case were heard on 12.7.2024 and the trial was fixed for pronouncement of judgment on 20.07.2024. The prosecution filed an application under section 348 of the BNSS, 2023 seeking permission to recall the witnesss Dr. Sunil Kumar Soni (PW-21) and the Investigation Officer K.L.Dangi (PW-22) in order to exhibit the medical documents as well as FSL report which are already part of the charge-sheet. The application was opposed by the petitioner on the ground that all these documents were part of the charge-sheet and available at the time of examination of PW-21 and PW-22 but the prosecution for reasons best k
Power under Section 311 CrPC to recall witnesses is wide, exercisable at any stage if essential for just decision; prosecutorial oversight in not showing material objects earlier is correctable, not ....
The main legal point established in the judgment is the discretionary and mandatory aspects of S.311 of Cr.P.C., emphasizing the need for judicious exercise of power and the requirement for the evide....
The power under S.311, Cr.P.C. must not be used to fill gaps in evidence but to ensure a fair trial.
The Court emphasized the mandatory power under Section 311 Cr.P.C. to recall witnesses at any stage for just decisions, reinforcing the right to a fair trial and the uncovering of truth.
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 affirmed that re-examination of witnesses is permissible to ensure justice, even at the final argument stage, provided it is necessary for a fair trial.
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