The High Court allowed the criminal miscellaneous petition, setting aside the trial court's order dated 05/05/2016 which permitted the prosecution to recall witnesses and produce secondary evidence after a 15-year delay post-accused's explanation.
Order dated 05/05/2016 was set aside; stay application stood disposed.
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. 2592/2016
Surajmal S/o Shri Daulat Ram, R/o Near Muneer Khan Ki Masjid, Mohalla Rajbar, Distt. Tonk Raj.
----Petitioner
Versus
| ----Respondents | ||
|---|---|---|
| For Petitioner(s) | : Mr. Jai Prakash Gupta |
|
| For Respondent(s) | : Mr. Ganesh Saini, PP |
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Order
13/08/2019
(2 of 4)
[CRLMP-2592/2016]
order that the documents are not in possession of the accused and that permission of secondary evidence cannot be given.
(3 of 4)
[CRLMP-2592/2016]
(4 of 4)
[CRLMP-2592/2016]
(PANKAJ BHANDARI),J
MADAN MEENA /16
3 issues framed by the court
Whether allowing the prosecution to recall witnesses and produce secondary evidence after a lapse of 15 years and recording of the accused's explanation amounts to an abuse of the process of the Court
Whether the impugned order permitting prosecution evidence in a long-pending trial tantamounts to an impermissible review of earlier orders dismissing similar applications.
Whether the High Court can interfere with the trial court's order allowing secondary evidence under Section 65 of the Evidence Act and Section 311 Cr.P.C. in the interest of justice.
Colour shows how this judgement treated each authority
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2 provisions across 2 enactments
Surajmal S/o Shri Daulat Ram
State Of Rajasthan
Ramdev Sher S/o Shri Nanu Ram B/c Bairwa
Pankaj Bhandari
As recorded by the court registry
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