Criminal Procedure Code, 1973, Section 311, 173(5) -- Summoning of witnesses along with relevant record - Murder case - Witnesses sought to be summoned along with documents in connection with second post mortem of deceased - Although application was filed by Public Prosecutor but it was open for Trial Judge as well to exercise suo moto powers in summoning witnesses, whose..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs1 and PW11 - Corruption case - Witnesses sought to be recalled by prosecution were required to mark relevant document which was crucial for decision of case - Delay in filing application occurred due to transfer of Special Public Prosecutor who was conducting case - Accused must have an opportunity to cross-examine..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power u/s 311 Cr.P.C can be exercised by Court even at the stage when case is posted for judgment, as Court at any stage of any inquiry, trial or other proceedings can exercise power u/s 311 Cr.P.C...........
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...........
