Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - S.311 Cr.P.C. makes it manifest that filing of an application by Public Prosecutor is not a precondition for exercise of powers u/s 311 Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Court has power to act suo moto and Court can exercise power if it is of view that circumstances warranting exercising powers u/s 311 Cr.P.C. exist - It is immaterial that circumstances have been brought to notice of Court by complainant or by any other person - Application at the instance of complainant..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Trial Court has passed the impugned order of allowing application after a proper analysis of relevant facts and circumstances of case on the basis of sound reasons - Filing and allowing of application u/s 311 Cr.P.C. cannot be said to be an abuse of process of law and there is no error or illegality in..........
Criminal Procedure Code, 1973, Section 311 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.348) - Recall of material witness for cross-examination - PW9 is stated to be an eye witness of occurrence - Denial of an effective opportunity to cross-examine a prime witness, particularly an eyewitness would amount to a palpable infraction of right to fair trial and would strike..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of two witnesses u/s 311 Cr.P.C. - Despite issuance of bailable as well as arrest warrants, witnesses were not traceable - Criminal trial cannot be permitted to remain pending indefinitely for securing presence of witnesses who remain untraceable despite repeated efforts - Trial Court rightly closed the evidence of..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Criminal Court is empowered to summon any person as a witness at the stage of inquiry, trial or other proceeding, provided that such summoning and examination are absolutely necessary for just decision of case - Such a decision taken by a Court of law normally shall not be interfered with, since Court..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Production of documents - Case fixed for arguments - Documents in question are statement of account being maintained by public bank in usual course of its business - Documents are necessary in order to prove transactions between parties for showing existing..........
Criminal Procedure Code, 1973, Section 311 -- Given up witness - Witness whose name was already found mentioned in the list of witnesses and was given up, has been sought to be examined - No new witness has been introduced by prosecution - Witness sought is not a private witness who could have been subsequently created and he is going to prove some public document only -..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 138 -- Recall of PWs - Cross-examination is statutory right of accused - Unless and until said opportunity is provided to accused, he would not be in a position to put defence in a proper way - For conducting a fair trial, proper opportunity is required to be given to accused...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power vested under provision is made available to any Court at any stage in any inquiry or trial or other proceeding initiated under Cr.P.C for the purpose of summoning any person as a witness or for examining any person in attendance, even though not summoned as witness or to recall or re-examine any..........
