Monika Battish v. State of Punjab and Another

Punjab & Haryana HC17 Mar 2025CRM-M/11320/2025

Case brief

AI extract

What is this about?

Section 311 CrPC - power to summon material witness, examine person present, recall and re-examine; 'at any stage'; essential to just decision of the case; judicious discretion; wider power, greater caution; ends of justice; strong and valid reasons; not to be exercised where application is abuse of process of law. Fragmentary extract with unattributed quotations; no parties, coram, issues, findings, quantum or outcome present.

What the court decided

AI extract

Monika Battish Vs State of Punjab and Another — Punjab & Haryana HC (2025) — LawSathi Research

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KAPIL

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2025.03.21 17:27 I attest to the accuracy and integrity of this document

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KAPIL

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2025.03.21 17:27 I attest to the accuracy and integrity of this document

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KAPIL

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“ 311. Power to summon material witness, or examine person present: Any Court may, at a ny stage of any inquiry, trial o r other proceeding under this C ode, summon any person as a witness, or examine any person in attendance, though no t summoned as a witness, or, r ecall and re-examine any perso n already examined; and the Co u rt shall summon and examine o r recall and re-examine any su c h person if his evidence appear s to it to be essential to the just d ecision of the case.”

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"Object underlying Section 31 1 Cr.P.C is that there may not b e failure of justice on account of mistake of either party in bringin g valuable evidence on recor d or leaving ambiguity in th e statements of the witnesses examined from either side. Th e determinative factor is whethe r it is essential to the just decisio n of the case. The significant e xpression that occurs is 'at an y stage of enquiry or trial or othe r proceeding under this Code'. It i s however, to be borne in mi n d that the discretionary powe r conferred under Section 311 CrPC has to be exercise d

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KAPIL 2025.03.21 17:27 I attest to the accuracy and integrity of this document

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judiciously, as it is always sai d wider the power, greater is th e necessity of caution while exer c ise of judicious discretion."

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"11. It is well settled that the p o wer conferred under Section 31 1 should be invoked by the cou rt only to meet the ends of justice . The power is to be exercised only for strong and valid reason s and it should be exerci s ed with great caution an d circumspection. The court has vide power under this section t o even recall witnesses for ree x amination or further examination, necessary in the interest of j ustice, but the same has to b e exercised after taking into consideration the facts an d circumstances of each case. The power under this provisio n shall not be exercised if th e court is of the view that th e application has been filed as a n abuse of the process of law."

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KAPIL 2025.03.21 17:27 I attest to the accuracy and integrity of this document

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KAPIL

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2025.03.21 17:27 I attest to the accuracy and integrity of this document

Monika Battish v. State of Punjab and Another

Case brief

What is this about?

What the court decided

Monika Battish v. State of Punjab and Another

Case brief

What is this about?

What the court decided

Statutes considered

Case details

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