Criminal Procedure Code, 1973, Section 311 -- Summoning of a witness - Summoning of a new witness whose name does not appear in array of witnesses cited by prosecution and whose statement has not been tested during investigation, at an advanced stage of trial, when most of prosecution evidence had already been led and matter was proceeding towards conclusion, would disrupt..........
Criminal Procedure Code, 1973, Section 311, 397 -- Revision - Not maintainable against an order passed u/s 311 Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - An application u/s 311 Cr.P.C must not be allowed only to fill up lacunas in the case of prosecution, or of defence or to give an unfair advantage to the opposite party...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of two witnesses - Application filed on the ground that loan was advanced to accused in the presence of two witnesses - However, since the very beginning complainant was aware of the fact that he had given loan to accused in the presence of..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - An application u/s 311 Cr.P.C must not be allowed only to fill up lacunas in the case of prosecution, or of defence or to give an unfair advantage to opposite party...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Re-examination of complainant - Complainant had been cross-examined at length and petitioner had been afforded sufficient opportunities to lead his evidence - Petitioner had failed to establish as to how re-examination of complainant was going to the root of..........
Criminal Procedure Code, 1973, Section 311 -- Application u/s 311 Cr.P.C - Petitioner filed application while concealing fact that earlier same application was filed which was dismissed and said order has not been challenged by complainant - Said order has attained finality and petitioner cannot seek a different outcome in the same matter without challenging previous order..........
Criminal Procedure Code, 1973, Section 311 -- Examination of private handwriting expert - FSL report of suicide note - Suicide note in question was already examined by police during investigation from concerned Department - Said examination was deemed to be legitimate - Since Court had already ruled in the matter and petitioner did not obtain necessary approval to conduct..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 302, 201 -- Recall of witness - Offence u/Ss. 302,201 IPC - Accused application u/s 311 Cr.P.C rejected summarily - Accused counsel was changed, additional charges were added against accused, and it took over 2 years to record evidence of witnesses - Cumulative circumstances warranted allowing..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 323, 325, 308, 34 -- Summoning of doctor - Offence u/ss 323, 325, 308, 34 IPC - Operation note was sent by Doctor and due to oversight name of doctor had not been mentioned in the list of witnesses - Examination of doctor is very much essential to reach on conclusion in the case - Order rejecting..........
