In a criminal writ petition, the High Court of Bombay dismissed the petitioner's application to recall a complainant under Section 311 Cr.P.C. The Court held that the record cannot be challenged this way to ask questions not previously posed and that the petition lacked merit.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 130 OF 2011
Shri.Gabbu Mahaboob Shaikh ...Petitioner versus 1.Shri.Tufail Ahmed Bakshulla & Anr. ...Respondents
Mr.Anil Joshi i/b. Ms.S.A.Mailagir, for Petitioner.
Mr.Sandesh Patil, for Respondent no.1.
Mrs.P.S.Hingorani, APP for State.
CORAM : K.U.CHANDIWAL, J.
DATED : 19th July, 2012
P.C. :
Heard the learned Counsel for both the sides. The petitioner
who is original accused moved an application to the learned J.M.F.C. 11th Court, Thane, to recall the complainant as certain questions, which purportedly were asked to the complainant relating to the Income Tax, did not figure in the deposition.
in computer operation the copy could not be obtained and mayhem has taken place. He has urged, in the interest of justice the witness should be recalled.
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3 issues framed by the court
Whether a witness should be recalled under Section 311 Cr.P.C. to ask questions about Income Tax that did not figure in the deposition.
Whether the petitioner can invoke Section 311 Cr.P.C. to recall a witness when the deposition was already complete and no service was damaged.
Whether alternative remedies exist for the petitioner instead of recalling the witness.
1 provisions across 1 enactments
Shri. Gabbu Mahaboob Shaikh
Shri. Tufail Ahmed Bakshulla
K.U. CHANDIWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
