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DINESH KUMAR PALIWAL
Ashish Kumar Mishra – Appellant
Versus
State of M. P. – Respondent
ORDER :
(Dinesh Kumar Paliwal, J.)
With the consent of learned counsel for the parties, arguments are heard finally.
This petition under Section 482 of Code of Criminal Procedure, 1973 has been filed by the petitioners to invoke the extraordinary jurisdiction of this Court being aggrieved and dissatisfied by the order dated 13.05.2023 passed by learned Xth Additional Sessions Judge, Rewa (MP) in Session Trial No.130/2022 (State of M.P. Vs. Ashish Kumar Mishra & Others) for commission of offence under Sections 304-B, 498-A/34 of IPC and Section 3/4 of Dowry Prohibition Act, 1961 whereby an application under Section 311 of the Cr.P.C. filed on behalf of the prosecution to recall three prosecution witnesses viz. Mathura Prasad Tiwari (P.W.-2), Seeta Tiwari (P.W.-3) and Sandhya Tiwari (P.W.-4) for re-examination has been allowed.
2. Facts of the case, in short, are that on 11.05.2022, accused Ashish Kumar Mishra resident of Shaktinagar, Urhat, District-Rewa (MP) informed police of Police Station Sanam, Rewa that his marriage was solemnized with Sakshi Mishra D/o Mathura Prasad Tiwari on 20.11.2021. Family life was going smooth. On 10.05.2022, at around 11:30 pm, he came from the market and
The court emphasized that the power under Section 311 of the Cr.P.C. must be exercised judiciously, ensuring that it serves the ends of justice and is not based on arbitrary claims of coercion.
The power under Section 311, Cr.P.C. should be exercised with restraint and caution, especially at the final stage of the trial, and delay in filing the application may impact the court's decision.
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 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.
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....
The rejection of a request to recall witnesses under Section 311 CrPC is valid when it is deemed an attempt to prolong proceedings without just cause, emphasizing the need for fair trial principles.
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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