Dismissed

Sharafat Khan v. State

Rajasthan HC18 Jan 2021CRLMP/1026/2020

Case brief

AI extract

What is this about?

This criminal miscellaneous petition under Section 482 Cr.P.C. challenged an order allowing prosecution to examine a witness under Section 311 Cr.P.C. in a murder trial. The High Court dismissed the petition, holding no cause for interference was made out as no prejudice was caused, while directing the prosecution to avoid repeated applications.

What did the court decide?

Interference under Section 482 Cr.P.C. denied; prosecution directed to avoid repeated Section 311 applications and complete trial promptly.

Sharafat Khan Vs State — Civil Procedure and Limitation | Rajasthan HC (2021)

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(1 of 3)

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[CRLMP-1026/2020]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 1026/2020

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Sharafat Khan S/o Late Sh. Salim Khan, Aged About 24 Years, By Caste Maiv Muslim, R/o Nagar Palika Karamchari Colony, Nimbaheda, District Chittorgarh. (Presently Confined In Central Jail Chittorgarh).

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Rajesh Kumar S/o Ratanlal, Aged About 39 Years, By Caste Khatik, R/o Choudhary Mohalla, Kukadeshwar, Neemach (M.p.). (Presently Confined In Central Jail Bhilwara).

----Petitioners

Versus

State, Through P.p.

----Respondent

For Petitioner(s) : Mr. Dharmendra Jasmatia For Respondent(s) : Mr. Gaurav Singh, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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18/01/2021

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In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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The petitioner has preferred this misc. petition under Section 482 of Cr.P.C. claiming the following relief :-

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"It is, therefore, humbly prayed that the impugned order dated 06.02.2020 passed by the learned A.D.J. No.1, Bhilwara in Session Case No.173/15 titled as State Vs. Sharafat Khan & Ors. may kindly be quashed and set aside and the application filed by the prosecution u/s 311 Cr.P.C. before the learned trial court may kindly be dismissed."

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(2 of 3)

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[CRLMP-1026/2020]

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Learned counsel for the petitioner has given various examples in the present case where in the past, the prosecution has moved an application under Section 311 of Cr.P.C., and therefore, he submits that Section 311 of Cr.P.C. is a legislation which ought to be used by the prosecution with great caution and not with a purpose of filling the lacuna.

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Learned counsel for the petitioner further submits that power to summon material witness, or examine person present is an unbridled power but in the present case it is being utilized by the prosecution repeatedly, which is causing prejudice to the present petitioner.

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Learned Public Prosecutor, however, submits that the power under Section 311 of Cr.P.C. is an unbridled power and until and unless the cross-examination of the witness takes place, no prejudice is being caused to the present petitioner. Learned Public Prosecutor further submits that it is a heinous murder of six persons and since trial is complicated, the invocation of Section 311 of Cr.P.C. has been bonafidely sought.

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After hearing learned counsel for the parties and on a bare reading of the Section 311 of Cr.P.C., this Court is of the opinion that the unrestricted use of Section 311 of Cr.P.C. to enable a fair adjudication is envisaged in the Cr.P.C. The invocation in the present case does not seem to be causing any prejudice to the present petitioner, as rightly recorded by the learned trial court in the impugned order dated 06.02.2020.

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In view of the above, no cause of interference in the misc. petition is made out and hence, the same is accordingly dismissed. However, the prosecution is directed to take abundant caution in completing pleadings so as to ensure time bound

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(3 of 3)

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[CRLMP-1026/2020]

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completion of trial and such repeated applications under Section 311 of Cr.P.C. may be avoided as far as possible.

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Stay petition also stands dismissed accordingly.

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(Dr. PUSHPENDRA SINGH BHATI),J

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128-Sudheer/-

Sharafat Khan v. State

Case brief

What is this about?

What did the court decide?

Sharafat Khan v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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