Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Murder case - Neither prosecution nor defence has filed application u/s 311 Cr.P.C - Sessions Judge himself having noticed mistake suo motu exercised power u/s 311 Cr.P.C and issued summons to PW30 only for purpose of producing and marking DNA report - But subsequently though other witnesses were examined,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of additional witnesses by defence - Accused were granted last opportunity to produce their evidence in defence - Defence evidence closed later on - Even, thereafter, one effective opportunity was granted to accused subject to payment of costs -..........
Criminal Procedure Code, 1973, Section 397, 311 -- Revision - Rejection of an application u/s 311 Cr.P.C is an interlocutory order, against which revision is not maintainable as per S.397(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 397, 311 -- Revision - Order rejecting application u/s 311 Cr.P.C - Do not decide anything finally or results into culminating main proceeding of case - Said order cannot be construed as an order which is a matter of movement or as an intermediate or quasi final order - Revision against such an order is not maintainable...........
Criminal Procedure Code, 1973, Section 311, 397 -- Revision - Not maintainable against an order rejecting application u/s 311 Cr.P.C, as it is an interlocutory order...........
Criminal Procedure Code, 1973, Section 311 -- Examination of witness - S.311 Cr.P.C cannot be invoked mere to fill up lacuna of case but to fair and just decision of case...........
Criminal Procedure Code, 1973, Section 311 -- Examination of witness - Power u/s 311 Cr.P.C is discretion or obligation of Court to summon or recall a witness, but discretion of Court cannot be forced to be used by accused or prosecution...........
Criminal Procedure Code, 1973, Section 311 -- Examination of PW1 - Murder case - PW1/eye witness of incident has been examined and cross-examined - Applicant is sister of deceased, who is not informant nor witness in the case - Prosecution has to consider which witness has to be produced and to be examined - Moreover, no ground at all brought forward in application u/s 311..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - There is no requirement under law to file questionnaire along with application for recalling witness...........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376D, 307, 302, 394, 411, 120, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Recall of a witness for re-examination - Rape and murder - Recall of injured witness/PW5 and examination with regard to contents of his video clip - Statement of PW5 has been recorded and..........
