The High Court dismissed a petition under Cr.P.C. seeking recall of a witness. The court held the petition was devoid of merits and refused interference merely because a compromise had been arrived at, as the goal was to prevent the witness from turning hostile.
Petition dismissed; order dated 17.02.2018 rejecting application under Section 311 Cr.P.C. upheld.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1202/2018
Deenu
----Petitioner
Versus
State Of Raj And Anr
----Respondents
For Petitioner(s) : Mr. Vinod Kumar Sharma For Respondent(s) : Mr. Prakash Thakuriya, PP
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Order
15/03/2018
Present petition has been filed under Section 482 Cr.P.C. praying that the order dated 17.02.2018 passed by Additional District and Session Judge No.2, DEEG, District Bharatpur, in Session Case No.27/2016, C.I.S. No.45/2016, whereby she has rejected the application under Section 311 Cr.P.C., to summon the Wasif(PW.3), be set aside.
During the course of the arguments, counsel for the petitioner has admitted that the statement of Wasif(PW.3) was recorded on 15.12.2016.
As to why now the necessity has arisen to examine Wasif(PW.3), counsel for the petitioner has read the impugned order where it is recorded that compromise has been arrived between the parties. Merely because a compromise has been arrived between the parties, order to examine the witness by way of recall cannot be passed to enable the witness to turn hostile.
[CRLMP-1202/2018]
(2 of 2)
Therefore, no interference is warranted and the present petition being devoid of merits is dismissed.
(KANWALJIT SINGH AHLUWALIA),J
Heena
2 issues framed by the court
Whether an order under Section 482 Cr.P.C. to set aside the rejection of a Section 311 application for recalling a witness who has compromised should be allowed.
Whether a compromise between parties deprives the court of its duty to prevent a witness from turning hostile.
2 provisions across 1 enactments
Deenu
State Of Raj
Kanwaljit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
