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ORISSA HIGH COURT
JAGADISH KUMAR MUNI – Appellant
Versus
STATE OF ODISHA – Respondent
JUDGMENT :
Sanjeeb K Panigrahi, J.
1. The Petitioner has instituted the present Criminal Miscellaneous Case under Section 482 of the Code of Criminal Procedure, 1973/ Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, invoking inherent jurisdiction of this Court, seeking recall of PW-29 and PW-41 for the limited purpose of further examination, so as to clarify and complete their testimonies on certain material and relevant issues arising during the course of trail.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows:
(i) The Petitioner is the son of the deceased, Late Lambodhar Muni, and is also the victim within the meaning of the criminal jurisprudence. The present petition is being filed by the Petitioner invoking the inherent jurisdiction of this Court under Section 528 of BNSS, 2023.
(ii) The deceased, was the proprietor of a distributor firm of Heritage Milk & Milk Products, and owing to the nature of his business, he used to reside for most of the time at his office-cum-residence, where he ordinarily spent the greater part of his day.
(iii) On the intervening night of 13/14.06.2020, the deceased, was brutally murdered during the commission of a dacoity
Recall of witnesses post-trial is impermissible when judgment is reserved, ensuring efficient justice delivery without misusing procedural provisions.
The court confirmed the authority to recall witnesses under Section 311 Cr.P.C. is intended to ensure a just trial, balancing the need for complete evidence against the rights of the accused.
The power to recall witnesses under Section 311 of CrPC is essential for ensuring justice, especially when contradictions arise in testimonies.
The main legal point established in the judgment is that the power under Section 311 of the Criminal Procedure Code should be invoked to meet the ends of justice and exercised for strong and valid re....
The power under Section 311 of the Code of Criminal Procedure must be exercised judiciously, with great caution and circumspection, to ensure fair trial and proper opportunities for all parties, and ....
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.
The Trial Court has ample/wide power to summon any material witness or person for examination or re-examination in exercise of its power conferred upon it under Section 311 Cr.P.C. and this discretio....
The main legal point established in the judgment is that the discretionary power under Section 311 of Cr.P.C. should be exercised judiciously and for strong and valid reasons, and the petitioner's fa....
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....
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