The Chhattisgarh High Court dismissed a criminal revision petition challenging the dismissal of a Section 311 CrPC application. The applicants sought further cross-examination of the prosecutrix but failed to assign specific reasons for their demand, leading the Court to find the revision devoid of merit.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Revision No. 636 of 2021
---- Applicants
Versus
State of Chhattisgarh, through the Station House Officer, Police Station – Sarsiwa, District Balodabazar-Bhatapara (C.G.)
----Respondent
For Applicants : Mr. Aditya Khare, Advocate. For Respondent/State : Mr. Vinod Tekam, PL
Hon'ble Shri Justice N.K. Chandravanshi
Order On Board
20.4.2022
Heard on admission.
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Act), Balodabazar, District- Balodabazar-Bhatapara in Special Case Pocso No. 9/2020 [State of Chhattisgarh & another v. Nageshwar Patel & others] whereby application filed by the applicant under Section 311 of the Code of Criminal Procedure, 1973 (for brevity “the Code”) has been dismissed.
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stage of proceeding where it is found to be essential in the interest of justice. It is now settled in law also that if the conditions under this section are satisfied, the court can call a witness not only on the motion of either the prosecution or the defence but also it can do so on its even motion, but the court should have to be satisfied that the conditions are available to exercise the power mentioned in the aforesaid provision. In the instant case, perusal of application filed by the applicants under Section 311 of the Code before the court below would go to show that no any specific reasons have been mentioned that what facts have been remained for further cross-examination and why it seems that victim/prosecutrix and her mother have not been cross-examined properly.
D/-
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3 issues framed by the court
Whether the High Court should interfere with the dismissal of a Section 311 CrPC application for further cross-examination when no specific reasons were assigned.
Whether the lack of stated reasons for alleged improper cross-examination warrants granting further opportunity to the accused.
Whether the criminal revision is liable to be dismissed at the admission stage due to lack of merit.
1 provisions across 1 enactments
Dayaram Ratre and others
State of Chhattisgarh
N.K. Chandravanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
