AI Overview...
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Section 311 Cr.P.C. - Scope and Power of Recall of Witnesses
The section grants wide authority to courts to summon or recall witnesses and to admit additional evidence, provided it serves the interests of justice. Courts can exercise this power to fill gaps in evidence or for other justifiable reasons Madanmohan s/o Kundanlal Chandak VS State of Maharashtra - Bombay, Inderjeet Kaur Kalsi VS NCT of Delhi - Delhi, Inderjeet Kaur Kalsi VS NCT of Delhi - Dishonour Of Cheque. -
Repeated Applications and Finality of Orders
Courts have held that once an application under Section 311 is finally disposed of, the same or similar applications cannot be moved repeatedly, especially if the order assumes finality. Repeatedly filing similar applications is considered an abuse of process Madanmohan s/o Kundanlal Chandak VS State of Maharashtra - Bombay. -
Restrictions in Cases Involving Child Witnesses and Sensitive Matters
Special provisions, such as under the POCSO Act, restrict the repeated calling of child witnesses to prevent undue trauma. Courts emphasize that child witnesses should not be called repeatedly for cross-examination or re-examination, and applications seeking such are often dismissed to protect minors Mahammad Ali Akbar @ Ali Umar VS State of Karnataka by Yeshwanthapura Police - Crimes, Vineeth VS State of Kerala - Crimes, Vineeth, S/o. Vijayan VS State Of Kerala - Kerala. -
Limitations and Judicial Discretion
While Section 311 offers broad powers, courts exercise discretion to prevent misuse, especially in cases where repeated applications are made to delay proceedings or for unnecessary evidence. The courts balance the interests of justice with procedural fairness ROHIT MAHADEV PATIL vs M/S. SAME DEUTZ FAHR INDIA PRIVATE LTD - Madras, Inder Singh Chauhan VS State of Himachal Pradesh - Himachal Pradesh.
Analysis and Conclusion
Section 311 Cr.P.C. is a powerful tool enabling courts to recall witnesses and admit additional evidence to ensure a fair trial. However, its exercise is subject to limitations to prevent abuse, notably prohibiting repeated applications once final orders are passed, and protecting vulnerable witnesses like children from undue trauma. Courts tend to restrict repetitive applications to uphold procedural integrity and fairness Madanmohan s/o Kundanlal Chandak VS State of Maharashtra - Bombay, Mahammad Ali Akbar @ Ali Umar VS State of Karnataka by Yeshwanthapura Police - Crimes, Vineeth, S/o. Vijayan VS State Of Kerala - Kerala.
References
- Madanmohan s/o Kundanlal Chandak VS State of Maharashtra - Bombay
- ROHIT MAHADEV PATIL vs M/S. SAME DEUTZ FAHR INDIA PRIVATE LTD - Madras
- Rajender Kumar VS State Of Haryana - Punjab and Haryana
- Inder Singh Chauhan VS State of Himachal Pradesh - Himachal Pradesh
- Brijesh Vishwakarma vs The State Of Madhya Pradesh - Madhya Pradesh
- Vineeth, S/o. Vijayan VS State Of Kerala - Kerala
- Vineeth VS State of Kerala - Crimes
- Mahammad Ali Akbar @ Ali Umar VS State of Karnataka by Yeshwanthapura Police - Crimes
- Inderjeet Kaur Kalsi VS NCT of Delhi - Delhi
- Inderjeet Kaur Kalsi VS NCT of Delhi - Dishonour Of Cheque
Search Results for "Criminal Procedure Code s 311 Repeatedly"
2007 0 Supreme(Bom) 1211 • India - Bombay
C.L.PANGARKAR
It was held that accused cannot move repeatedly same kind of applications once any order assumes finality. ... claimed by the earlier application - Rejected - Accused can not move repeatedly the same kind of application once any order assumes ... Magistrate made error in allowing application under Section 311 of Code. Order is set aside. ... It is, therefore, obvious that the same relief is claimed in this application under Section 311 of Criminal Procedure Code which was claimed by ....
2024 Supreme(Online)(MAD) 29504 • India - High Court of Madras
Honourable Dr Justice G. JAYACHANDRAN
Recall - Criminal Procedure - Cr.P.C. ... Section 311 - The court interpreted Section 311 of the Criminal Procedure Code, limiting the recall of witnesses to genuine cases ... Fact of the Case: The accused filed a petition to set aside an order disallowing his request under Section 311 Cr.P.C ... Thereafter, a fresh application under Section 311 of the Cr.P.C. was filed to recall P.W.1, which has been rightly dis....
2020 0 Supreme(P&H) 83 • India - Punjab and Haryana
ARVIND SINGH SANGWAN
Section 311 Cr.P.C. - Recall of Witness - IPC, Section 452, 323, 34, 302, and Scheduled Castes and Scheduled Tribes (Prevention ... Issues: The issues revolved around the dismissal of the application under Section 311 Cr.P.C., the subsequent challenges, ... Fact of the Case: The petitioner sought to set aside the order dismissing the application filed under Section 311 Cr.P.C ... Learned State counsel has further argued that it is well settled that just to fill up the lacuna, an app....
2018 0 Supreme(HP) 292 • India - Himachal Pradesh
SANDEEP SHARMA
Section 311 CrPC - Additional Evidence - Narcotic Drugs & Psychotropic Substances Act - Sections 20 and 29 Fact of the Case ... Ratio Decidendi: The court emphasized that while exercising power under Section 311 CrPC, the paramount consideration should ... Issues: The issues revolved around the accused's attempt to introduce additional evidence under Section 311 CrPC and the court's ... No doubt, this Court has repeatedly held that, while exercising power under Sect....
2024 Supreme(Online)(MP) 29107 • India - High Court of Madhya Pradesh
SHRI JUSTICE VISHAL DHAGAT, J
(A) Code of Criminal Procedure, 1973 - Section 482 and Section 311 - Petition challenging order of Special Judge (POCSO) regarding ... Cr.P.C. due to the absence of counsel during cross-examination, which allegedly prejudiced the accused's defense. ... 5) ... ... Facts of the case: ... The petitioner challenged the trial court's order dismissing an application under Section 311 ... Despite signing vakalatnama, he did not appear in Court therefore, client has to file an application under Section 311 #....
2022 0 Supreme(Ker) 1044 • India - Kerala
KAUSER EDAPPAGATH
Code of Criminal Procedure, 1973 - Section 311 - POCSO Act - Sections 3D r/w 4, S.33(5) – Summons for material ... Court below dismissed the application mainly relying on S.33(5) of the POCSO Act on the ground that the child witness cannot be repeatedly ... witness – Penetrative sexual assault – Criminal Trial - Crl.M.C. filed to set aside order dismissing an application filed – Whether ... The court below dismissed the application mainly relying on S.33(5) of the POCSO Act on the ground that the child witness cannot be ....
• India - Crimes
DR. KAUSER EDAPPAGATH
Section 311 – Recall of child witness – Section 311 of Cr.P.C. gives wide power to Magistrate to recall any witness already examined ... Protection of Children from Sexual Offences Act, 2012 – Section 33(5) – Criminal Procedure Code, 1973 – ... The Court below dismissed the application mainly relying on Section 33(5) of the POCSO Act on the ground that the child witness cannot be repeatedly called for examination. 6. ... Section 311 of Cr.P.C. gives wide power to th....
• India - Crimes
M.NAGAPRASANNA
it is child-victim who shall not be called for cross-examination or re-examination repeatedly – Application of petitioner filed under ... of repeated applications of the nature under Section 311 of Cr.P.C. ... Criminal Procedure Code, 1973 – Section 311 – Protection of Children from Sexual Offences Act, 2012 – Section ... Procedure and powers of Special Court.— ... ... ... ... (5) The Special Court shall ensure that the child is not called repeatedly to testify in t....
2013 0 Supreme(Del) 1584 • India - Delhi
J.R.MIDHA
SECTION 311 CR.P.C. - Negotiable Instruments Act, 1881 - Section 138 of NI Act, Section 311 Cr.P.C. - The court discussed the scope ... and ambit of Section 311 Cr.P.C., emphasizing that it empowers the court to summon any material witness if their evidence appears ... Ratio Decidendi: The judgment extensively discussed the nature, scope, and object of Section 311 Cr.P.C., ... Kohli which the complainant wanted to summon under Section 311....
• India - Dishonour Of Cheque
J.R.MIDHA
Cr.P.C. ... Negotiable Instruments Act, 1881 — Section 138—Code ... of Criminal procedure, 1973—Section 311—complaint alleging dishonour of two cheques filed by respondent ... Kohli which the complainant wanted to summon under Section 311 Cr.P.C. has been mentioned repeatedly by the complainant. Hence, K.S. Kohli is not a surprised name to be summoned on behalf of complainant. ... ... Thirdly, Section 311 Cr.P.C. empowers the Criminal#H....
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