This court allowed a criminal writ petition impugning the rejection of an application for re-called witnesses under Section 311 Cr.P.C. The court granted permission subject to the deposit of proceeding fee and attendance charges.
Application under Section 311 Cr.P.C. allowed subject to deposit of Rs.2000/- bhatta and Rs.1000/- attendance charges.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE SIDE
CRIMINAL WRIT PETITION NO.263 OF 2006
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Office Notes, Office
Memoranda of Coram, Court’s or Judge’s orders
appearances, Court’s
orders or directions and
Registrar’s orders
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Mr.Shiv Motriya for the
petitioner.
Mr.A.S.Shitole, APP for the State.
Coram : R.S.Mohite,J
Date : 17.4.2006.
PC
1. Heard both sides. Rule. By
consent rule made returnable
forthwith.
2. This petition impugn’s an
order dated 7.1.2006 passed by
the JMFC, Ajara rejecting an
application under Section 311 of
Cr.P.C. for re-calling the
witnesses. The 2 witnesses in
question i.e. Damu Bhogu Jadhav
and Valu Umlu Rathod had come to
give evidence in the Court from
the adjoining Bijapur district.
It appears that the Advocate for
: 2 :
the accused was absent and after
their examination-in-chief was
over in the absence of their
Advocate, accused cross-examined
these witnesses. Subsequently
application for re-calling was
made on the ground that the
accused was lay person and was
not being able to conduct
cross-examination properly.
Taking into account all these
facts and in the interest of
justice, subject to payment of
bhatta of Rs.2000/- for both of
these witnesses, the petition is
allowed. The bhatta to be
deposited in the trial Court
within a period of 2 weeks from
today. On the bhatta being
deposited, the trial Court will
summon these 2 witnesses.
Amount of Rs.1000/- will be
payable as attendance charges to
each of these witnesses after
they turn up for further
cross-examination. Rule is made
absolute in the aforesaid terms.
(R.S.Mohite,J)
: 3 :
(R.S.Mohite,J)
1 issue framed by the court
Whether the High Court should allow the re-calling of witnesses who testified in the absence of the accused's advocate.
1 provisions across 1 enactments
Shiv Motriya
State of Maharashtra
R.S. Mohite
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court