Dismissed¶20
Shashinath Upadhyay v. The State of Bihar
Patna HCCR. MISC./21141/2024
Case brief
AI extract
What is this about?
Shashinath Upadhyay v. State of Bihar & Anr.; Patna High Court CRIMINAL MISCELLANEOUS No.21141 of 2024, decided 05-08-2024 by Sandeep Kumar, J.; Section 311 Cr.P.C. recall of witnesses in rape trial (PS Case No. 79/2016, P.S. Ramgarh, Kaimur); recall sought after completion of cross-examination; Court found application intended to delay trial and fill lacuna in defence; held accused who has cross-examined witnesses cannot re-examine them; application dismissed.
What did the court decide?
On the records, the petition under Section 311 Cr.P.C. appears to have been filed only to delay the proceedings and to fill up the lacuna of the defence, which is not permissible. ¶17