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..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for further cross-examination - Prosecution was permitted to produce and prove relevant record sought earlier by filing application u/s 311 Cr.P.C. - However, no witness was recalled or examined for purpose of proving additional record - Accused thus, compelled to file present application for purpose of..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 for re-examination - Engagement of new counsel and drawn of fresh wisdom upon informant cannot be a ground to recall a witness - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant for further cross-examination - Dishonour of cheque - Accused stated that further cross-examination of complainant was warranted for new documents which were put by complainant to DWs - However, no endeavour made to substantiate as to which documents accused wishes to put to complainant - Complainant is a..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 - Corruption case - PW1 is the author of sanction order - He is competent authority and in his cross-examination he has categorically stated that he sanctioned prosecution - Merely mentioning wrong provision of P.C. Act in sanction order would not vitiate sanction and trial pursuant thereof - Moreover, witness..........
