Main documents, in respect of which the certificate under Section 65B of the Evidence Act is required, have already been marked or produced. Therefore, it cannot be found that production of the certificate now would cause prejudice to the accused.
which have already been marked as Exts.P6 and P17 to P20. - Public Prosecutor also filed another application under Section 311 of ... Procedure, 1973 - Section 91 and 311 - Indian Evidence Act - Section 65B(4) - Power to summon material witness or examine person ... present - Application was to issue summons to produce certificate under Section 65B of Indian Evidence Act in respect of documents ... The Public Prosecutor also filed another application under Section 311 of the Code for issuing summons ... While so, the Public Prosecutor filed Annexure-A2 application in the Special Court under ... In cases under the P.C.Act, production of an additional document during the course of the trial and summoning an additional witness
India - Kerala
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 ... Public Prosecutor. ... by the private person has to act under the directions of the Public Prosecutor.
India - Punjab
3. 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.
... (C) Criminal Procedure Code, 1973, Ss.311, 391 & 401--Public Prosecutor ... --Crimianl Procedure Code, S.391 (Para 9) ... (E) Evidence Act, 1872- ... (Para 2) ... (B) Criminal Procedure Code, 1973, Ss.311, 391 & 401--Public ... 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
4. 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 ... Code of Criminal Procedure, 1973 – Sections 61, 482, 311 – Penal Code, 1860 – Sections 147, 148, 149, 302 ... , application for examination of witness has not been moved and what is relevancy of his examination. – The prosecution was given ... , trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned ... It is obvious that a prosecutor must act fairly and honestly and must never adopt the device ... As is provided in the Section, power to summon any person as a witness can be exercised
India - Allahabad
5. 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.
Criminal Procedure Code, 1973 — Section 311—Resummon/ recall of witness—Power of Court—Scope of — Court cannot permit prosecution ... A lacuna in prosecution is not to be equated with the fallout of an oversight committed by a public prosecutor during trial, either ... as inherent weakness or a latent wedge in the matrix of prosecution case—Power of Court is plenary—It can summon or recall witness ... 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 ... jurisdiction, statutory law confers a power in absolute terms to be exercised at any stage or the trial to summon a witness or examine
India - Crimes
6. 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 ... On 7.6.1998, the Public Prosecutor moved an application seeking permission to examine PW-21 (Dalip Singh-S1) and two other persons ... In the present case, cross examination of P.W. 4 was deferred by learned Additional Public Prosecutor. ... 311 of the Code of Criminal Procedure (for short ‘the Code’) and summons were issued to the witnesses as per its order dated 8.1.1999
India - Supreme Court
7. Varsha Garg VS State of Madhya Pradesh - 08 Aug 22
(1) Court is vested with a broad and wholesome power, in terms of Section 311 of Cr.P.C., to summon and examine or recall and re-examine any material witness at any stage and closing of prosecution evidence is not an absolute bar.(2) It is duty of criminal court to allow prosecution to correct an error in interest of justice.
Ambedkar Nagar, District Indore rejecting an application under Section 311 Cr.P.C. seeking to summon nodal officers of certain cellular ... (A) Criminal Procedure Code, 1973 – Sections 311, 301 and 482 – Summoning of witness – Case registered ... for offence punishable under Section 302 read with Section 34 of IPC – Application for summoning of witness and for production of ... act under the directions of the Public Prosecutor or Assistant Public Prosecutor and may, with the permission of the Court, submit ... act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor, and may, with the permission of the Court ... Appearance by Public Prosecutors: (1) The Public Prosecutor or Assistant Public Prosecutor in charge of
India - Supreme Court
8. 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 ... , 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 ... system—Role to be played by Courts, witnesses, investigating officers, public prosecutors has to be focussed, more particularly ... 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 ... Power to summon material witness
India - Crimes
9. Suja P. Chacko VS State of Kerala - 07 Dec 93
Objection against exercise of power of court u/s 311 Crl. P.C. for recalling a witness that prosecution wants to fill up lacuna can not be understood as corollary of any oversight committed by Public Prosecutor.
Criminal Procedure Code, 1973 - Section 311 - Power to recall a witness - Objection that exercise would cause filling the lacuna ... - Lacuna in prosecution case is not to be understood as corollary of any oversight committed by Public Prosecutor - Lacuna is inherent ... Public Prosecutor. ... Assistant Public Prosecutor has stated in the application that photo copies of three bills containing the signature of P.W. 2 were ... or other proceeding can summon any person as a witness or examine any person in attendance though not summoned as a witness or recall
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.
, 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 ... system—Role to be played by Courts, witnesses, investigating officers, public prosecutors has to be focussed, more particularly ... 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
Supreme Today AI can now be accessed on Google Play and App Store
Track your Legal cases and receive Alert at your fingertips directly for upcoming hearing, receiving order, to-dos, appointments and meeting
