AI Overview...
- Non-compoundability and Witness Recall - Courts generally refuse to recall witnesses when the offence is non-compoundable, as doing so may lead witnesses to resile from their earlier statements or deny prosecution. The purpose of recalling witnesses is typically to clarify contradictions or gather further evidence, not to reopen cases where the offence is non-compoundable. KUNWAR PAL VS APPLICANTS V. STATE OF U. P. - Allahabad, [YAGYA PAL
VS STATE OF U P -
Allahabad](https://supremetoday.ai/doc/judgement/02500032522)
-
Court’s Discretion and Conditions for Recalling Witnesses - The exercise of the court’s power to recall witnesses must be sparing and based on specific grounds. Recalling witnesses after significant delay or without proper justification is impermissible. Courts have emphasized that such powers are conferred on the court, not parties, and should be exercised judiciously. SOLI SORABJEE (DELETED SINCE DECEASED) AND ORS vs M/S. WARDEN AND COMPANY PVT LTD AND ORS - Bombay, MAHESH CHAND KHANDELWAL VS SURENDRA KUMAR DAD - Rajasthan
-
Recollection in Cases of Re-trial or Miscarriage of Justice - Recalling witnesses is sometimes permitted to prevent miscarriage of justice, especially when evidence was not properly recorded or when a successor magistrate failed to re-examine witnesses during retrial. Failure to do so may result in setting aside orders and remanding cases for proper trial. Annakutty VS Isaac - Kerala, Annakutty VS Isaac - Madras
-
Recollection in the Context of Compounded Offences - Even in cases where offences are not compoundable, courts have refused to recall witnesses solely based on parties’ compromise or re-examination requests, emphasizing the importance of procedural rules and the non-compoundable nature of certain offences like Section 302 IPC. Ram Chandra Das VS State Of Jharkhand - Jharkhand, Kunwar Pal VS State of Uttar Pradesh - Crimes
-
Legal Provisions and Court’s Authority - Sections 311 of the Cr.P.C. and relevant evidence laws provide the framework for recalling witnesses, but these powers are limited and should be exercised strictly according to law and judicial discretion. Courts have repeatedly held that such powers are not absolute and must be used judiciously to ensure justice. MAHESH CHAND KHANDELWAL VS SURENDRA KUMAR DAD - Rajasthan, H. Abdhul Ghani Since Dead By His VS H. G. Govindaraju S/o Srinivasa Setty - Karnataka
Analysis and Conclusion:
Recalling witnesses is a sensitive procedural step, generally limited to clarifying contradictions or preventing miscarriage of justice. It is not routinely permitted, especially in non-compoundable offences, due to the risk of witnesses resiling from their statements. Courts exercise this power cautiously, requiring clear justification and adherence to legal principles to maintain fairness and procedural integrity.
Search Results for "Recalling Witness for Compound the Case"
2002 0 Supreme(All) 318 • India - Allahabad
B.K.RATHI
C. as the offence was not compoundable, and recalling the witnesses could lead to the witnesses resiling from their earlier statements ... C. was not compoundable, and therefore, recalling the witnesses for further cross-examination with the potential of them resiling ... C. was not compoundable, and recalling the witnesses could lead to them resiling from their earlier statements and denying the prosecution ... The purpose for recalling the witnesses for further cross-examination is that they may resile from the earlier....
• India - Crimes
B.K.RATHI
Criminal Procedure Code, 1973 - Section 311 - Recalling of witnesses - Petitioner facing trial under Sections 307/34 IPC seeking ... recalling of witnesses on plea that another lawyer engaged by them found that witnesses had not been cross examined on material points ... State of Rajasthan2, where the Apex Court permitted to compound the offence under Section 307 I.P.C. However, later on this case has been held by the Apex Court to have not been decided in accordance with law in the case of S.N. Mohanty....
2018 0 Supreme(Gau) 461 • India - Gauhati
AJIT BORTHAKUR
Fact of the Case: The petitioner sought to quash an order rejecting the prayer for recalling the informant for further ... Case No. 10905/2011 - IPC 294/354/506 - The court allowed the petitioner to further cross-examine the victim woman (P.W.-1) to highlight ... Case No. 10905/2011, with a direction to the learned trial magistrate to allow the petitioner/accused to further cross-examine the P.W.-1, the victim woman, confining to the contradictions only between her evidence in chief and her statement given u/s 161 Cr.P....
2024 Supreme(Online)(Bom) 133 • India - High Court of Bombay
SANDEEP V. MARNE, J
... ... Ratio Decidendi: The court ruled that the provisions for recalling a witness should be sparingly exercised and not used to ... (A) Civil Procedure Code, 1908 - Order 18 Rule 17 - Indian Evidence Act, 1872 - Sections 137 and 138 - Recall of witness - Application ... for recall of witness after significant delay and without specific grounds is impermissible - The learned Judge of the Small Causes ... Ltd. 2011(5) Mh.L.J. 889 in which case, the application for recalling of the #H....
2002 0 Supreme(All) 315 • India - Allahabad
B.K.RATHI
The court refused to recall witnesses for further cross-examination as the offence under Section 302 IPC is not compoundable and recalling ... Ratio Decidendi: The court held that the offence under Section 302 IPC is not compoundable, and therefore, recalling the witnesses ... court rejected the application for recall of the witnesses, stating that the offence under Section 302 IPC is not compoundable and recalling ... C. 2111, where the Apex Court permitted to compound the offence under Section 307 IPC However, later o....
1966 0 Supreme(Ker) 281 • India - Kerala
K.SADASIVAN
The successor Magistrate acquitted the accused without recalling and re-examining the witnesses, resulting in a miscarriage of justice ... The court decided to set aside the order of acquittal and remand the case for retrial and disposal according to law. ... Appeal against Acquittal - S.323 and 114 IPC - Misreading of Evidence by Successor Magistrate Fact of the Case: The ... Probably from the way in which the evidence was recorded by the predecessor-Magistrate, it appeared to his successor that what the witness stated....
2010 0 Supreme(Raj) 102 • India - Rajasthan
MAHESH BHAGWATI
- General provisions contained in Sec. ,311 Cr.P.C. cannot be invoked by accused for recalling any witness for cross-examination ... 1973, Sec. 311; Evidence Act, 1872, Sec. 165 - Cross examination of complainant - Complainant filed affidavit before trial Court - Case ... conferred on the Court and not on the parties, therefore, it is Court alone which can exercise this power for just decision of the case ... C. cannot be invoked by the accused for recalling any witness for cross exami....
2004 0 Supreme(Jhk) 792 • India - Jharkhand
SUDHANSU JYOTI MUKHOPADHAYA, LAKSHMAN URAON
Procedure, 1973 – Sections 311 & 320 – Compounding of non compoundable offence – compromise between the parties re-examination of a witness ... merely because the parties have compromised, Court is not bound to exercise its inherent power to summon or recall and examine any witness ... In such circumstances, rejection of application for recalling prosecution witnesses is proper. ... In the case of Mohd. Hussain Umar Kochar v. K.S. ... ... In the present case, learned Single Judge vide its Order dated 2....
2017 0 Supreme(Kar) 1228 • India - Karnataka
B.VEERAPPA
No. 5/1908] - Sections 151 & Order 18, Rule 17 - Recalling of witness - Plaintiff cross-examined witness on three days, made application ... Order 18 Rule 17 is primarily a provision enabling the court to clarify any issue or doubt, by recalling any witness either suo moto, or at the request of any party, so that the court itself can put questions and elicit answers. ... The misplaced sympathy and indulgence by the appellate and revisional courts compound the malady further.” ... 11. I....
1999 0 Supreme(Mad) 1301 • India - Madras
K.SADASIVAN
Code of Criminal Procedure, 1898-Sections 263, 264 and 350-While hearing the case by successor Magistrate notes of evidence left ... The successor-Magistrate, however, without recalling and re-examining the witnesses heard the arguments and disposed of the case acquitting the accused. ... Probably from the way in which the evidence was recorded by the predecessor Magistrate, it appeared to his successor that what the witness stated was that the occurrence took place in the house and not in the compound.....
Filter by Legal Phrase
