Held application under Section 482 Cr.P.C. was dismissed. Court held recall of witness for re-cross-examination on already laid antecedents lacked strong reasons under Section 311 Cr.P.C. as tested in V.N. Patil.
Application under Section 482 Cr.P.C. to recall PW-2 for re-cross-examination dismissed.
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 16994 of 2022
Applicant :- Pradeep Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Prasad Yadav Counsel for Opposite Party :- G.A.,Onkar Singh
Hon'ble Saurabh Shyam Shamshery,J.
" 14. The object underlying Section 311 CrPC is that there may not be failure of justice on account of mistake of either party in bringing the valuable evidence on record or leaving ambiguity in the statements of the witnesses examined from either side. The determinative factor is
whether it is essential to the just decision of the case. The significant expression that occurs is "at any stage of any inquiry or trial or other proceeding under this Code". It is, however, to be borne in mind that the discretionary power conferred under Section 311 CrPC has to be exercised judiciously, as it is always said "wider the power, greater is the necessity of caution while exercise of judicious discretion." " 17. The aim of every Court is to discover the truth. Section 311 CrPC is one of many such provisions which strengthen the arms of a court in its effort to unearth the truth by procedure sanctioned by law. At the same time, the discretionary power vested under Section 311 CrPC has to be exercised judiciously for strong and valid reasons and with caution and circumspection to meet the ends of justice."
Order Date :- 19.11.2022 P.Kesari/AK Digitally signed by AWADESH KUMAR Date: 2022.11.23 15:56:09 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the recall of PW-2 for re-cross-examination on criminal antecedents of deceased is essential for just decision under Section 311 Cr.P.C.
Colour shows how this judgement treated each authority
V.N. Patil vs. K. Niranjan Kumar and othersFollowed¶9
(2021) 3 SCC 661 · Who else cites this
2 provisions across 1 enactments
Pradeep Kumar and 3 Others
Saurabh Shyam Shamshery
As recorded by the court registry
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