1. Pranab Bishwas VS State of Punjab - 05 Sep 12

Public Prosecutor--Some material witnesses given up as unnecessary--Held; It would not lie for prosecution to say that Public Prosecutor is the best person in the conduct of trial and sometimes it is known that the witnesses would not be supporty the prosecution case. Public Prosecutor--Direction issued that some methodology should be prepared by the State Government and other state holders so that such uncontrolled exercise of discretion by Public Prosecutor is not misused.Evidence--Material witness--Given up by public prosecutor--High Court directed trial court to record the statements of material witnesses by way of additional evidence and to send its report in terms of Section 391 Cr.P.C.--Section 391 Cr.P.C. does not require any application on behalf of the prosecution or the defence for taking further evidence or direct the same to be taken.

given up by public prosecutor--High Court directed trial court to record the statements of material witnesses by way of additional ... ... (C) Criminal Procedure Code, 1973, Ss.311, 391 & 401--Public Prosecutor ... --Crimianl Procedure Code, S.391 (Para 9) ... (E) Evidence Act, 1872- ... This is a matter of serious concern because in a criminal trial it is the Public Prosecutor, who holds the brief on behalf of the ... It would not lie for the prosecution to say that the Public Prosecutor is the best person in the ... One cannot visualize the basis, how the examination of the above witnesses was considered unnecessary by the Public Prosecutor, whose

India - Punjab

2. Akash Verma VS State of Haryana - 15 Nov 18

Recalling of Witness – Hostile Witness – Court has power to recall/re-examine even the hostile witness to ensure fair trial.Recalling of Witness – Rape – Prosecutrix and her parents resiled from their complaint on account of compromise with parents of accused for marriage of accused with prosecutrix – Accused and his parents resiled from marriage proposal after release of accused on bail – Application u/s 311 Cr.P.C by hostile witness (prosecutrix and her parents) allowed.Recalling of Witness – Application filed by complainant and not by Public Prosecutor – Once the court is of the opinion that to ensure fair trial, an application is to be allowed in order to elicit the truth, then it should not be bound down by technicalities – Application held to be maintainable and is allowed

of Witness – Application filed by complainant and not by public prosecutor – In present case, when the Public Prosecutor himself ... of Witness – Application filed by complainant and not by Public Prosecutor – Once the court is of the opinion that to ensure fair ... of the Public Prosecutor – Application held to be maintainable and is allowed. ... Even when an application under Section 311 of the Code was preferred, the Public Prosecutor ... by the private person has to act under the directions of the Public Prosecutor. ... Public Prosecutor.

India - Punjab

3. Rajendra Prasad VS Narcotic Cell through its Officer-in-Charge, Delhi - 12 Jul 99

Important Points1. A lacuna in prosecution is not to be equated with the fallout of an oversight committed by a public prosecutor during trial, either in producing relevant materials or in eliciting relevant answers from witnesses. Lacuna in the prosecution must be understood as the inherent weak­ness or a latent wedge in the matrix of the prosecution case.2. It cannot be said as a legal proposition that the Court cannot exercise power of re-summoning any witness if once that power was exercised, nor can the power be whittled down merely on the ground that prosecution discovered latches only when the defence highlighted them during final arguments.

A lacuna in prosecution is not to be equated with the fallout of an oversight committed by a public prosecutor during trial, either ... Criminal Procedure Code, 1973 — Section 311—Resummon/ recall of witness—Power of Court—Scope of — Court cannot permit prosecution ... as inherent weakness or a latent wedge in the matrix of prosecution case—Power of Court is plenary—It can summon or recall witness ... Public Prosecutor. ... On 7.6.1998, the Public Prosecutor ... Court has ample power to summon any person as a witness or recall  and reexamine any such person even if the evidence on both sides

India - Crimes

4. Rajendra Prasad VS Narcotic Cell Through Its Officer In Charge, Delhi - 12 Jul 99

Important Points1. A lacuna in prosecution is not to be equated with the fallout of an oversight committed by a public prosecutor during trial, either in producing relevant materials or in eliciting relevant answers from witnesses. Lacuna in the prosecution must be understood as the inherent weak­ness or a latent wedge in the matrix of the prosecution case.2. It cannot be said as a legal proposition that the Court cannot exercise power of re-summoning any witness if once that power was exercised, nor can the power be whittled down merely on the ground that prosecution discovered latches only when the defence highlighted them during final arguments.

A lacuna in prosecution is not to be equated with the fallout of an oversight committed by a public prosecutor during trial, either ... Code of Criminal Procedure, 1973 - Section 311-Resummon/ recall of witness-Power of Court-Scope ... as inherent weakness or a latent wedge in the matrix of prosecution case-Power of Court is plenary-It can summon or recall witness ... In the present case, cross examination of P.W. 4 was deferred by learned Additional Public Prosecutor. ... On 7.6.1998, the Public Prosecutor moved an application seeking permission to examine PW-21 (Dalip Singh-S1) and two other persons ... There was negligence on the part of Public Prosecutor as he closed evidence twice without verifying whether cross examination of

India - Supreme Court

5. Manjot Singh VS State of Punjab - 02 Feb 18

Inherent Powers-Even in absence of a properly framed and properly filed petition under S.482 Cr.P.C without any separate registration thereof, High Court would be entitled to exercise its inherent powers.Cross Examination – Additional Cross-examination by complainant – Trial Court has no power to allow complainant/victim to cross examine the witness in addition to public prosecutor – However, High Court in exercise of its inherent powers can grant such permission.

examine the witness in addition to public prosecutor – However, High Court in exercise of its inherent powers can grant such permission ... ., would be entitled to allow a request by the complainant/victim to cross-examine the witness in the trial in addition to the public ... specific provision in the Code; or the statute does not fall within the purview of the Code because it involves application of a ... The application was filed by the Public Prosecutor after two months. ... DW-5-Jaspal Singh was cross-examined by the learned Additional Public Prosecutor who according ... C. to summon the witness PW-11 ASI Gurkirpal Singh the IO himself for re-examination.

India - Punjab

6. Women Lawyers Association rep. By its Secretary VS State of Tamil Nadu - 29 Oct 09

Ratios:a. While carrying out any operation or activity inside the Court premises which would otherwise cause prejudice to the judicial institution, the police and other officials are to get necessary instructions and if necessary, permission.b. Before use of force against an unlawful assembly, police should make all attempts to arrest key persons in the assembly and when their attempt to control the assembly fails, as a last resort, force may be used. c. Mere law and order problem cannot be an excuse to the police for the use of force against the members of an assembly.d. Use of lathi charge by police against the members of an unlawful assembly cannot be the first step to disperse it. e. An officer ordering use of force against a member of an assembly can escape from the legal consequences of his act only if he exercised his power in good faith.f. A member of an armed force using force or does any act against a member of an assembly can escape from the legal consequences of his act only if he does any act in obedience of any order which he is bound to obey.g. To establish good faith one will have to show his previous conduct of due care and attention.h. The judiciary is looked upon by every one with high amount of confidence and come for one’s rescue and take all endeavor to remedy the wrong or prevent an evil from taking place or redress the grievance to the extent to which one is entitled/possible and thereby keeping its mettle high in everyone’s esteem and expectation.i. Constitutional provisions regarding the judiciary have been couched in such a manner that the process of judicial institution is kept aloof from the reach of any other wing of the State and thereby ensure confidence in the minds of the common man.j. Any attempt from any quarters either deliberately, subvertly, negligently, recklessly or in any other allied manner to cause a dent to the judicial institution should be seriously dealt with in order to ensure that the greatness of the institution is not undermined by any one to the detriment of the public at large. k. The judiciary should take all appropriate measures to protect its status, glory and dignity and thereby instil confidence in the minds of everyone about its independency and effectiveness to render justice.l. It is high time that the Advocates Associations take a very pragmatic approach and take a firm decision to resort to any other passive method by which they can exhibit their protest in a subtle way instead of resorting to Boycott of Courts.m. Legal profession gives the advocate an insight into the character of his fellow-men, into all their weaknesses and all their strength, and an opportunity to do real good by helping in the proper administration of justice and maintenance of judicial standards. n. No hard and fast rule can be laid down that in case of disputed question of fact, the remedy under writ jurisdiction are to be denied. o. Good faith requires not logical infallibility, but due care and attention.p. How far erroneous actions or statements are to be imputed to want of due care and caution must in each case, be considered with reference to the general circumstances and the capacity and intelligence of the person, whose conduct is in question.q. When a question arises as to whether a person acted in good faith, then it devolves upon him to show not merely that he had a good intention but that he exercised such care and skill as the duty reasonably demanded for its due discharge.r. It is the prerogative of the Chief Justice to regulate the entry of Police in the High Court campus.s. Before deploying additional strength of police force inside the Court campus, either for providing security to VIPs attending the Courts or under other circumstances, permission of the High Court ought to be obtained.t. In case of serious Law and Order problem within the Court campus, the police can take necessary steps immediately even without prior permission from the High Court/Principal District Judge and when such steps are taken, without any delay, the police have to inform the High Court/Principal District Judge about the mobilization of strength, steps taken in handling the situation. u. In the absence of any ill-motive on the part of the police, it is not contempt when an advocate is arrested inside the Court premises.v. When an advocate is arrested for criminal process, to take action for contempt, mala fide on the part of the police has to be shown to indicate that there was an intention to interfere with the due course of justice. w. There is no general immunity for a lawyer against his arrest inside the Court premises.x. Advocates are, subject to their adherence to the Code of Conduct, entitled to protection in discharging their professional duties.y. While dispersing an unlawful assembly, the police should use the minimum amount of force and cause as little injury as possible.z. Only after the use of minimum force by the police failed to disperse the unlawful assembly, the executive magistrate present in the secne of occurrence may cause it to be dispersed by the armed forces. aa. In the matters of use of force or armed forces to disperse an unlawful assembly, the choice must have to be dictated by public interest, to safeguard law and order as well as public tranquility and it must not be unprincipled or unreasoned.bb. The action of the police in using force to disperse an unlawful assembly and the order of lathi charge is subject to the judicial review.cc. When a question arise as to whether the police have committed excess and exceeded their limits, the Court may lift the veil and decide whether there was good faith and whether the officer has acted with due care and attention.dd. Police carrying deadly weapons and a privileged authority to use force have a special responsibility to keep control of themselves and their fellow officers. ee. Any time a Police officer abuses his or her authority and inflicts undue suffering on any person, it is an affront, not only to the victim of the pain but to society as a whole.ff. Contempt jurisdiction is extraordinary in character, should not be used for the personal protection of the Judges.gg. Contempt jurisdiction is applied against any authority or person whenever there is any kind of interference in the Administration of Justice and to maintain supremacy of law. hh. Contempt is sui generis. There is no prosecution, no summons or warrant, no right of trial by jury. The judge decides the matter, on the basis of his own knowledge of the facts which is the basis of his power. ii. Award of compensation against the State is an appropriate and effective remedy for the redressal of an established infringement of a fundamental right under Article 21 by a public servant.jj. Award of compensation by way of public law remedy will not come in the way of the aggrieved person claiming additional compensation in a civil Court, in enforcement of the private law remedy in tort, nor come in the way of the criminal Court ordering compensation under Section 357 of Code of Civil Procedure.

Award of such compensation by way of public law remedy will not come in the way of the aggrieved person claiming additional compensation ... servant-Award of compensation by way of public law remedy will not come in the way of the aggrieved person claiming additional compensation ... (A)Constitution of India-Art.21, 215, 226, 311-Code of Criminal Procedure, 1973 (2 of 1974)-Sec.129, 130, 132-Judiciary-Independency ... law procedures as also public law principles. ... , to be tested by the application of two standards. ... public law remedies by applications under Article 226 have at times been, referred to as cases of tort.

India - Madras

7. Asha VS State of U. P. - 18 Nov 20

The object underlying section 311 of the Code is that there may not be failure of justice on account of mistake of either party in bringing the valuable evidence on record or leaving ambiguity in the statements of the witnesses examined from either side. The determinative factor is whether it is essential to the just decision of the case. The section is not limited only for the benefit of the accused, and it will not be an improper exercise of the powers of the Court to summon a witness under the section merely because the evidence supports the case for the prosecution and not that of the accused. The section is a general section which applies to all proceedings, enquiries and trials under the Code and empowers Court to issue summons to any witness at any stage of such proceedings, trial or enquiry. In section 311 the significant expression that occurs is "at any stage of inquiry or trial or other proceeding under this Code". It is, however, to be borne in mind that whereas the section confers a very wide power on the Court on summoning witnesses, the discretion conferred is to be exercised judiciously, as wide the power the greater is the necessity for application of judicial mind.

Cr.P.C. is the discretion or the obligation of the Court to summon or recall a witness, but this discretion of the Court cannot ... , 120-B – Quashment of Order – Application under Section 482, Cr.P.C. has been filed to quash the order passed by Additional Sessions ... Code of Criminal Procedure, 1973 – Sections 61, 482, 311 – Penal Code, 1860 – Sections 147, 148, 149, 302 ... , trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned ... This application under Section 482, Cr.P.C. has been filed to quash the order dated 24.02.2020 passed by Additional Sessions Judge ... Manipur, 1984 Cr.L.J. 536 it has been observed as under:- "That apart as submitted by the learned public

India - Allahabad

8. Zahira Habibulla H. Sheikh VS State Of Gujarat - 12 Apr 04

Very 1. If the witness who deposed one way earlier comes before the appellate Court with a prayer that he is prepared to give evidence which is materially different from what he has given earlier at the trial with the reasons for the earlier lapse, the Court can consider the genuineness of the prayer and in an appropriate case accept it.2. Whether a re-trial under Section 386 Cr.P.C. or taking up of additional evidence u/s 391 Cr.P.C. is the proper procedure will depend on the facts and circumstances of each case for which no straight jacket formula of universal and invariable application can be formulated.3. In the case of defective investigation the Court has to be circumspect in evaluating the evidence and may have to adopt an active and analystical role.

Prosecutor-Defective investigation-Justice delivery system was being taken for a ride and allowed to be abused, misused-Public Prosecutor ... The public prosecutor appears to have acted more as a defence counsel than one whose duty was to present the truth before the Court ... It has rejected the application for adducing additional evidence on the basis of the affidavit, but has found fault with the affidavit ... Though the witness was present, the public prosecutor dropped him on the ground that he was not mentally fit to depose. ... The public prosecutor did not take any step to protect the star witness who was to be examined on 17.5.2003 specially when four out ... Ultimately, the public prosecutor gave purshis for dropping him as witness and surprisingly the same was granted by the Trial Court

India - Supreme Court

9. Zahira Habibullah Sheikh VS State of Gujarat - 03 Aug 06

VERY 1. Zahira who was projected as the star witness in Best Bakery case is held guilty of contempt of the Supreme Court and is sentenced to undergo simple imprisonment for one year and to pay cost of Rs. 50,000/-.2. In a criminal case the fate of the proceedings cannot always be left entirely in the hands of the parties, crime being public wrong in breach and violation of public rights and duties, which affect the whole community.3. The State has a definite role to play in protecting the witnesses, to start with at least in sensitive cases involving those in power, who has political patronage and could wield muscle and money power, to avert trial getting tainted and derailed and truth becoming a casualty.

to summon material witness or examine person present—Duty of Court—Object underlying Section 311 of the Code—Discretion conferred ... system—Role to be played by Courts, witnesses, investigating officers, public prosecutors has to be focussed, more particularly ... , trial or proceeding under the Code (a) to summon any one as a witness, or (b) to examine any person present in Court, or (c) to ... under Section 391 of the Code of Criminal Procedure, 1973 (in short the ‘Code’) highlighting the necessity for accepting additional ... Court and enables it at any stage of an enquiry, trial or proceeding under the Code (a) to summon any one as a witness, or (b) to ... , summon any person as a witness or examine any person in attendance, though not summoned as a witness or recall and re-examine any

India - Crimes

10. Zahira Habibullah Sheikh VS State Of Gujarat - 08 Mar 06

Very Important Points1. Zahira who was projected as the star witness in Best Bakery case is held guilty of contempt of the Supreme Court and is sentenced to undergo simple imprisonment for one year and to pay cost of Rs. 50,000/-.2. In a criminal case the fate of the proceedings cannot always be left entirely in the hands of the parties, crime being public wrong in breach and violation of public rights and duties, which affect the whole community.3. The State has a definite role to play in protecting the witnesses, to start with at least in sensitive cases involving those in power, who has political patronage and could wield muscle and money power, to avert trial getting tainted and derailed and truth becoming a casualty.

system—Role to be played by Courts, witnesses, investigating officers, public prosecutors has to be focussed, more particularly ... , trial or proceeding under the Code (a) to summon any one as a witness, or (b) to examine any person present in Court, or (c) to ... 1973—Section 311—Power to summon material witness or examine person present—Duty of Court—Object underlying ... Power to summon material witness, or examine person present. ... , trial or proceeding under the Code (a) to summon any one as a witness, or (b) to examine any person present in Court, or (c) to ... Before the Gujarat High Court an application under Section 391 of the Code of Criminal Procedure, 1973 (in short the ‘Code’) highlighting

India - Supreme Court