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Discussion > Criminal Law > Procedure > Recall of witness   Unanswered Threads Post New Topic

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There are 4 Replies to this message


Dr. V.N.Tripathi


Advocate and Mediator, Allahabad High Court.
[ Scorecard : 9419]
Posted On 23 December 2010 at 14:22 Report Abuse

Trial court has rejected an application u/s 311, Cr.P.C. for recalling a witness for further  examination. Is it an interlocutary order and is revision maintainable against this order ?



Amit Minocha


Lawyer
[ Scorecard : 2989]
Posted On 23 December 2010 at 14:37 Report Abuse

You can do so u/s 397 but the grounds have to be very strong and if possible give offer to submit the questionare. Ref to following Supreme Court judgement 

"Shailendra Kumar, Appelant versus State of Bihar and Others, Respondents” of 2001

and also

“Rajender Prasad, Appelant versus Narcotic Cell through its Officer in charge”, 1999 of SC

"Fatehsinh Mohansinh Chauhan And Others, Petitioners V. Union Territory Of Dadra And Nagar Haveli And Others, Respondents” - 2003 Bombay High Court


N.K.Assumi


Advocate
[ Scorecard : 21909]
Posted On 23 December 2010 at 16:12 Report Abuse

An order refusing to recall witness by the court  was regarded as interlocutory oredr in Dwarkadas case as reported in 1980 Cr LJ 1018 by the Himachal Pradesh High court.


ADVOCATE DEFENSE.


POWER OF DEFENSE IS IMMENSE - firmaction@gmail.com
[ Scorecard : 15866]
Posted On 23 December 2010 at 17:54 Report Abuse

1980 is old citation , thereafter there are no of rulings few have been given above.

Yes it is right to recall a witness and revision will lie but depends on circumstances of the case.


N.K.Assumi


Advocate
[ Scorecard : 21909]
Posted On 24 December 2010 at 10:27 Report Abuse

Yes, CrPc makes it very clear that if the evidence is essential to the just decision of the case the court may summon or recall any material witness even after the close of evidence and before the judgment is pronounced, as such the power is there to recall the witness. Now, the question is whether recalling of witness falls within the meaning of interlocutory Order as to fall under 397 CrPc. As way back in 1977 SC held that summoning the appellants can not be held to be interlocutory order which can not be revised by the High Court, so what is the nature of the order recalling a witness, interlocutory or final decision?



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