Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D.SUTHAR
Ramanbhai Bholidas Patel – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
HASMUKH D. SUTHAR, J.
RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – State of Gujarat.
[1.0] Present Special Criminal Petition is filed under Article 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nyaya Sanhita, 2023 (For short “BNSS ”) by the petitioner seeking to quash and set aside the order dated 07.07.2025 passed below Exh.73 by the learned Judicial Magistrate First Class, at Sanand, Ahmedabad in Criminal Case No.706 of 2024, whereby the learned Magistrate has been pleased to allow application Exh.73 filed under Section 348 of the BNSS (Section 311 of the CrPC) by the prosecution to examine additional two witnesses.
[2.0] Heard learned Senior Advocate Mr. I.H. Syed assisted by learned advocate Mr. Mohit Gupta appearing for the petitioner and learned Public Prosecutor Mr. Hardik Dave assisted by learned APP Ms. Shruti Pathak appearing for the respondent – State of Gujarat.
[3.0] Learned Senior Advocate has submitted that the present petitioner is an under-trial prisoner and investigation is concluded and charge-sheet is filed on 13.03.2024. Prosecution has cited 16 witnesses in the charge-sheet out
The court held that the authority to summon material witnesses exists at any trial stage under Section 311 CrPC, emphasizing that introducing additional evidence is permissible when necessary for jus....
The discretionary power under Section 311 CrPC should be exercised judiciously and only if the evidence is essential to the just decision of the case.
Section 311 Cr.P.C. allows courts to summon additional witnesses at any stage for just decision-making, underscoring the importance of ensuring no evidence essential to the truth is left out.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
