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IN THE HIGH COURT OF MANIPUR AT IMPHAL
Golmei Gaiphulshillu
Ningthoujam Tomchou Singh – Appellant
Versus
Superintendent of Police, CBI, SCB, Kolkata – Respondent
| Table of Content |
|---|
| 1. review of procedural aspects in criminal cases. (Para 1 , 2 , 3) |
| 2. rights of parties regarding cross-examination of witnesses. (Para 4 , 5 , 6) |
| 3. role of experts as court witnesses. (Para 7 , 8) |
| 4. clarification on the status of proceedings. (Para 9) |
| 5. dismissal of the present petition. (Para 10) |
JUDGMENT :
Golmei Gaiphulshillu, J.
1. Heard Mr. S. Abung, learned counsel appearing for the petitioner, Mr. W. Darakishwor, learned senior PCCG appearing for the respondent No. 1 and Mr. M. Gunedhor, learned counsel appearing for the respondents No. 2 to 6.
2. The present petition has been filed under Section 482 of Cr.P.C. read with Section 528 of BNSS with the following prayers:
(i) Kindly admit this Criminal Petition;
(ii) Kindly quash and set aside the order dated 14.08.2024 passed in Misc. Case No. 276 of 2024 of CJM, Imphal West and
(iii) Any order, direction as deemed fit by this Hon’ble Court.
3. The present petitioner is the father of victim, Late Ningthoujam Babysana Chanu, whose right to cross-examine the 2 (two) witnesses on his behalf by counsel called by the Ld. CJM, Imphal West, was denied violating the right under Section 138 of the Indian EVIDENCE ACT which
In non-trial hearings, the right to cross-examine witnesses is not guaranteed; such rights are preserved for trial stages, emphasizing the principle of audi alteram partem.
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 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.
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 right to cross-examine a complainant is essential for a fair trial, and its denial violates principles of natural justice and Article 21 of the Constitution.
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 aim of every Court has to discover the truth. Section 311 of the Code is one of many such provisions of the Code which strengthen the arms of a Court in its effort to ferret out the truth by proc....
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