AI Overview...
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Purpose of 311 petition - To facilitate the Court's investigation of relevant facts by recalling or examining witnesses, including material witnesses like P.W. 12, for cross-examination or to obtain proper proof necessary for a just decision Rathia Behera VS State of Orissa - Crimes, Bharat Kashavlal Patel @ Arvind Gohel VS State, rep. by Superintendent of Police CBI Chennai - Madras, K. Ravichandran VS Inspector of Police, TMCH Police Station, Thanjavur - Crimes, Dara Singh @ Rabindra Kumar Pals VS Republic of India - Crimes.
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Clarification of Section 311 of Cr.P.C. - Empowers courts to recall witnesses solely for discovering relevant facts or obtaining proof to ensure a fair trial; not for filling gaps in the prosecution case unless justified by circumstances Bharat Kashavlal Patel @ Arvind Gohel VS State, rep. by Superintendent of Police CBI Chennai - Madras, K. Ravichandran VS Inspector of Police, TMCH Police Station, Thanjavur - Crimes.
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Application in legal proceedings - Recalls or re-examinations are permissible to clarify facts or gather evidence relevant to a just decision, but should not be misused to fill lacunae unless factual circumstances warrant it Altaf Hussain @ Alta Hussain VS State of Assam - Crimes, K. Ravichandran VS Inspector of Police, TMCH Police Station, Thanjavur - Crimes.
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Limitations and procedural considerations - Witnesses not supporting the prosecution generally should not be recalled; the relevance and necessity of recall must be carefully ascertained, and petitions for such should be disposed of promptly Dara Singh @ Rabindra Kumar Pals VS Republic of India - Crimes.
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Context of purpose - The overarching aim is to promote fairness and accuracy in judicial decisions by allowing courts to manage evidence effectively, ensuring that proceedings are based on complete and relevant facts Bharat Kashavlal Patel @ Arvind Gohel VS State, rep. by Superintendent of Police CBI Chennai - Madras, Rathia Behera VS State of Orissa - Crimes.
Analysis and Conclusion:
The primary purpose of a 311 petition (or Section 311 Cr.P.C.) is to enable courts to recall or examine witnesses to discover relevant facts or obtain proper proof, thereby ensuring a fair and just trial. It is not intended to fill gaps in the prosecution's case arbitrarily but to facilitate the collection of evidence necessary for a fair decision. Proper procedural safeguards and relevance considerations are essential to prevent misuse of this provision.
Search Results for "Purpose of 311petition"
• India - Crimes
M.PAPANNA
to secure the attendance of the material witness like P.W. 12 (I.O.) for his further cross-examination by resorting to Section 350 of the Code of Criminal Procedure and by directing Superintendent of Police concerned under whom he is working at present to see that he appears before the Court for the purpose ... Procedure, which deals with expenses of Complainant and witnesses make it manifestly clear that subject to any rule made by the State Government, any Criminal Court, may if it thinks fit, order payment on the part of the Government, of the reasonable expenses of any ....
2025 Supreme(Online)(Mad) 63418 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. Bharatha Chakravarthy, J
The trial court’s dismissal was based on misunderstanding its limited purpose. ... ... ... Ratio Decidendi: The court found the reasoning given by the trial court flawed, emphasizing the purpose of introducing evidence ... By the said order the application filed by the petitioner under Section 311 of Code of Criminal Procedure to recall D.W.1 for the purpose of marking a newspaper cutting was dismissed by the trial court. ... The trial court did not understand the purpose for which the newspaper cutting was sought to b....
2007 0 Supreme(Mad) 3745 • India - Madras
K.MOHAN RAM
The learned counsel for the respondent submits that Section 311 of Cr.P.C. gives power to the Court for the purpose of discovering relevant facts or obtaining proper proof of such facts as are necessary to arrive at a just decision in the case. ... Recourse may be had by courts to power under this section only for the purpose of discovering relevant facts or obtaining proper proof of such facts as are necessary to arrive at a just decision in the case." ... 7.
• India - Crimes
P.K.MUSAHARY
is any chance of filling up the lacuna m conducting the defence by the accused-petitioner and whether it is necessary for tile purpose ... Court under Section 540 under old CrPC, which is equivalent to Section 311 of the new Cr.PC, is not intended to be used for the purpose ... In both the cases cited by the learned counsel for the accused petitioner, the witnesses were summoned/recalled at the instance of the prosecution for examination, re-examination and re-cross-examination for the purpose of coming to a just decision. ... The trial, ....
2012 0 Supreme(Gau) 1160 • India - Gauhati
B.K.SHARMA
As noticed above, the Apex Court in Chandra Prakash Pandey (supra) held that the Kurk Amins working in the Co-operative Society for the particular purpose of realization of outstanding dues are to be treated at par with their counter part in the Revenue Department. ... Deka, learned counsel for the petitioner in support of his argument that the services rendered by the petitioner on commission basis is required to be counted for the purpose of pensionary and other retirement benefits has placed reliance on the following decisions: ... 1. ... services rende....
• India - Crimes
N.ANAND VENKATESH
Therefore, the paramount requirement is just decision and for that purpose the essentiality of a person to be recalled and re-examined has to be ascertained. ... Calling a witness or re-examining a witness already examined for the purpose of finding out the truth in order to enable the Court to arrive at a just decision of the case cannot be dubbed as “filling in a lacuna in prosecution case” unless the facts and circumstances of the case make it apparent that ... The power vested under the said provision is made available to any Court at any stage in any ....
1965 0 Supreme(Guj) 64 • India - Gujarat
J.M.SHELAT, S.SARELA
bring about uniformity in the land revenue administration and thus such an enactment must be said to be one of which the object and purpose ... The next question is, which of the provisions of the Act would apply for the purpose of compensation ? ... (the words 'for the purpose' appear to be a typographical error; they should be 'the income') of Jagheers shall be made good in cash to the said Nazmuddinkhan and his descendants." ... undermentioned particulars, a stipend to be paid by quarterly instalments of twenty-four thousand rupees per....
• India - Crimes
A.S.NAIDU
He shall also find out whether the question has any relevance for the purpose of the case and shall also consider whether such a question is permissible and recall of witness on that basis provided the prayer comes within the ambit of Sec. 311 CrPC. ... Those witnesses who have not supported the prosecution case shall not be recalled for the purpose of further cross-examination. If such petitions are filed before the learned Sessions Judge. the same shall be disposed of within 15 days from the date of filing." ... examined each question sought to be put to....
2014 0 Supreme(Guj) 948 • India - Gujarat
C.L.SONI
Where a superior officer, in order to satisfy himself whether the employee concerned should be continued in service or not make inquiries for this purpose, it would be wrong to hold that the inquiry which was held, was really intended for the purpose of imposing punishment. ... Clause 3 of the contract relevant for the purpose of deciding the controversy, reads as under:- "3. Duration of the contract You shall be on probation for 3 months from the date of reporting. ... If mere holding of an inquiry to ascertain the relevant facts for arr....
2009 0 Supreme(Guj) 10 • India - Gujarat
M.S.SHAH, H.N.DEVANI
In the first place, the concerned person ought to have made the statement in writing or a declaration in writing for the purpose of inclusion of his name in the electoral roll. Secondly, such submission must have been false.
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