AI Overview...
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Section 311 CrPC - Recall of Witness & Delay - Courts have consistently emphasized that delays in filing recall petitions are often not adequately justified, leading to dismissals. Repeated or successive petitions to recall witnesses, especially when filed without proper explanation, are viewed as dilatory tactics and may be dismissed as abuse of process. Courts have highlighted that undue delays undermine the fairness of proceedings and that courts should discourage frivolous or repetitive recall applications. RAJESH MARWAH vs STATE & ANR. - Delhi, S. Arumugam VS State through The Inspector of Police, Vigilance & Anti Corruption, Sivagangai - Madras, ADITYA SARDA vs ARJUN SINGH - Delhi, Gurvinder Pal Singh vs Ravinder Kaur - Delhi, Pedro Marcel Ferrao VS VPK Urban Co-operative Credit Society Ltd. - Bombay
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Delay in Filing & Its Impact - Significant delays in filing recall petitions, often spanning several years, have resulted in courts dismissing such applications, citing lack of explanation and abuse of process. Courts have held that the right to recall witnesses is not absolute and must be exercised within a reasonable timeframe, respecting the principles of justice and procedural fairness. P. Kandasamy VS Manikandan Finance, Represented by Its Managing Partner A. Chellapathi - Madras, RAHUL DARBARI Vs ARUN KUMAR KHOBRAGADE & ORS. - Delhi, Rahul Darbari VS Arun Kumar Khobragade - Delhi
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Legal Principles & Judicial Approach - The courts have underscored that the filing of successive or delayed recall petitions, especially without valid reasons, amounts to abuse of law and warrants dismissal. They have also clarified that petitions under Section 311 CrPC are subject to the overarching principles of justice, and any delay or repeated attempts to recall witnesses must be justified. The courts have consistently refused to entertain petitions that are filed after unreasonable delays or as tactics to prolong proceedings. Jaspreet Singh Garewal VS State of U. P. - Crimes, Gurvinder Pal Singh vs Ravinder Kaur - Delhi, Pedro Marcel Ferrao VS VPK Urban Co-operative Credit Society Ltd. - Bombay
Analysis and Conclusion
Courts generally dismiss petitions seeking recall of witnesses filed after substantial delays (often exceeding 5 years) when such delays are unexplained or unjustified. Repeated petitions to recall witnesses, especially when filed without valid reasons, are treated as abuse of process and are dismissed to prevent undue delay and maintain judicial efficiency. While the right to recall witnesses exists under Section 311 CrPC, it is subject to reasonable exercise within a timely manner, and courts discourage tactics aimed at prolonging proceedings through successive or delayed applications. This approach ensures fairness, prevents misuse of legal provisions, and upholds the integrity of judicial processes.
Search Results for "5 Years Delay for Recall now Filing 311 Crpc Petition Dismissal Judgements"
2023 0 Supreme(Del) 6533 • India - Delhi High Court
SECTION 311 CRPC - RECALL OF WITNESS - DELAY - CROSS-EXAMINATION - NI ACT - DISHONORED CHEQUE Fact of the Case: The ... The petitioner challenged the dismissal order in the High Court. ... Code of Criminal Procedure (CrPC) seeking recall of the complainant for cross-examination. ... It is stated that the learned Trial Court had closed the right of the present petitioner to cross-examine respondent no. 2 considering that there was an unexplained #HL_....
2022 0 Supreme(Mad) 3564 • India - Madras
K. MURALI SHANKAR
Finding of the Court: The court found that the delay in filing the re-call petition was not adequately explained, but ... Issues: The main issue was the delay in filing the re-call petition and the necessity of allowing the re-call of witnesses ... Section 482 - Criminal Original Petition - Prevention of Corruption Act - Sections 7 and 13(1) r/w 13(1)(d) - 311 Cr.P.C - 154 ... No doubt, the petitioner has not offered any acceptab....
2020 0 Supreme(Mad) 1833 • India - Madras
G.K.ILANTHIRAIYAN
The petitioners repeatedly filed petitions to recall witnesses and delay the trial proceedings. ... Issues: The issues revolved around the repeated petitions filed by the petitioners to recall witnesses and delay the trial ... 424 of 2007 - The court discussed the provisions of Section 138 of the Negotiable Instruments Act and Section 311 of the Code of ... At that juncture, the petitioners changed their counsel and filed petitions....
2023 Supreme(Online)(DEL) 16917 • India - Delhi High Court
CRIMINAL PROCEDURE CODE - SECTION 311 - RECALL OF WITNESS - DELAY IN FILING APPLICATION - ABUSE OF PROCESS OF LAW - DISMISSAL ... The petitioner filed a petition against the dismissal of the application. ... Final Decision: The court dismissed the petition. ... Thus, the present petition filed by the complainant be dismissed. 5. ... As repeatedly held by Hon‟ble Apex Court in catena of #H....
• India - Delhi
SWARANA KANTA SHARMA
(A) Constitution of India - Article 226 - Code of Criminal Procedure, 1973 - Section 311 - Writ petition challenging dismissal of ... The petitioner's request for cross-examination is granted under specific conditions, including a cost imposed and a timeline for filing ... ... ... Facts of the case: ... The petitioner obtained a mutual consent divorce whereupon the respondent filed a maintenance petition ... We are conscious of the fact that recall of the witnesses....
2018 0 Supreme(P&H) 1541 • India - Punjab and Haryana
AUGUSTINE GEORGE MASIH
Section 482 Cr.P.C. - Recall of Prosecutrix - Information Technology Act, 2000, Immoral Traffic (Prevention) Act, 1956, Ranbir ... alleged change of circumstances and new facts emerging during the trial, the alleged threat or pressure on the prosecutrix, and the dismissal ... , CBI Court, Chandigarh, which refused to recall the prosecutrix for further examination. ... There was no challenge to the said order from any quarter for two years till the filing of CRM-M No.5412 of 2018 and th....
2024 Supreme(Online)(DEL) 11236 • India - High Court of Delhi
NAVIN CHAWLA, J
) ... ... Facts of the case: ... The petitioner filed complaints under Section 138 of the NI Act in 2015, and later sought to recall ... Similarly, the court should not encourage the filing of successive applications for recall of a witness under this provision.‟ 11. In Harendra Rai v. ... Nos. 1171 & 1172 of 2022 Page 5 of 18 under Section 311 of the Cr.P.C . was withdrawn or is even rejected on merits, it would not bar the filing of the second/subsequent appl....
2024 0 Supreme(Del) 752 • India - Delhi
NAVIN CHAWLA
The petitioner sought to recall himself as a witness by filing an application under Section 311 of the Cr.P.C., which was dismissed ... the Cr.P.C. to recall himself as a witness. ... The petitioner then filed a petition under Section 482 of the Cr.P.C. challenging the Trial Court's order. ... Similarly, the court should not encourage the filing of successive applications for recall of a witness under this provisio....
2020 0 Supreme(Bom) 669 • India - Bombay
NUTAN D.SARDESSAI
- In that view of matter learned Judge observed that no case was made out to interfere with order under challenge and dismissed petition ... Negotiable Instruments Act, 1881 - Section 138 – Criminal Procedure Code,1973 - Sections 482 and 311 - Constitution ... order that case under Act had to be decided within a period of three months and looking to conduct of case which has spilled over years ... The application was without any basis and was a dilatory tactic to delay the proceedings and pressed for a ....
• India - Crimes
RAJEEV MISRA
Criminal Procedure Code, 1973 – Sections 309 and 482 – Recall of ex-parte order – Rule of audi alteram partem ... (Paras 68, 83 and 84) Result: Recall Application allowed. ... requires that opportunity of hearing should be afforded before an order is passed on judicial side – By seeking recall of order, ... (c) Once we hold that law laid down in Kunhayammed is to be followed, it will not make any difference whether the review petition was filed before the filing of special leave #HL_S....
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