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

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There are 8 Replies to this message


sunny


lawyer
[ Scorecard : 70]
Posted On 13 December 2008 at 15:02 Report Abuse

Whether  the  recalling of witness may be permitted  where

The fresh evidence is sought to be introduced by prosecution to

Fill up the lacuna in prosecution case.



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ritu sharma


Advocate
[ Scorecard : 24]
Posted On 13 December 2008 at 23:36 Report Abuse

it can be done under section 311 of Cr.P.C.



anonymus


confidential
[ Scorecard : 1654]
Posted On 14 December 2008 at 17:57 Report Abuse

It depends. normally the witness can  be recalled under sec 311cr.p.c. but when the prosecution wants to fill in the lacuna created by the cross examination it can be opposed and be declined by the court.


 



AEJAZ AHMED


Legal Consultant/Lawyer
[ Scorecard : 12176]
Posted On 14 December 2008 at 18:06 Report Abuse

Section 311 in The Code Of Criminal Procedure, 1973


person in attendance, though not summoned as a witness, or. recall and re- examine any person already examined

Central Government Act



Anandamay Bag vs State Of West Bengal And Anr. on 7 May, 2007


person in attendance, though not summoned as a witness, or recall and re-examine, any person already examined ... Court shall summon and examine or recall and re-examine any such person of his evidence appears



 


Sanjeev Nanda vs State Of Nct Of Delhi on 29 May, 2007


ground that it declined the request for recall of the 9 witnesses sought for, as in the overall circumstances ... person in attendance, though not summoned as a witness, or recall and re-examine any person already examined



 


State Of Gujarat vs Patel Naran Devji on 24 September, 1990


under this Code, summon any person as a witness, or recall and re-examine any person already examined ... judgment of the case, the Magistrate may call or recall witness and examine as a Court witness order Section



 


Section 6(1) in The Prevention Of Corruption Act, 1988 [ "Section 6" ] record an order to that effect and thereafter recall any witnesses who may have been examined and proceed to hear





 


K. Veeraswami vs Union Of India And Others on 25 July, 1991


accompanied with all the documents and statements of wit- nesses as required by Section 175(5). Nothing more need ... question. In this context, it is useful to recall the analysis of Section 6 made in R.S. Nayak



 


M.R. Natarajan vs State By Cbi Spe/Eow on 8 April, 2005


amount by signing. If P.W.1 is a trustworthy witness, when Ex.D1 was shown to him, he should have accepted ... appears, in order to explain the receipt, P.W.1 was recalled on 25.2.1997. Only at that time, P.W.1 had explained



 


Major E. G. Barsay vs The State Of Bombay on 24 April, 1961


accomplice, he was an interested witness and required corroboration. The evidence of an approver and the corroborating pieces of evidence ... leave from October 25, 1954, was recalled to duty by accused No. 1 and was put in charge


 

Section 325 in The Code Of Criminal Procedure, 1973 


thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case

Central Government Act



 


II Addl. Judicial First Class Magistrate vs State Of A.P. Represented By The Public Prosecutor on 7 September, 2004


witnesses cited to be examined and all the witnesses were cross-examined. At this stage, the learned Magistrate felt that ... thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case



 


Selvaraj, S/O Gnanadesihan vs P. Viswanathan on 22 July, 1999


thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case ... thinks it necessary, he can examine the parties recall any witness and take further evidence. Therefore, it is open



 


Enumula Subbarao And Ors. vs The State on 4 July, 1978


cross-examined statements of the prosecution witnesses recorded under Section 161 Cr.P.C. The other contention was that the learned Asst ... inherent powers in the Subordinate Court to recall or review its own orders. Thus, it is contended that the framing



 

 

Section 242 in The Code Of Criminal Procedure, 1973 


other witness or witnesses have been examined or recall any witness for further cross- examination

Central Government Act


Prem Raj vs State Of Rajasthan And Ors. on 10 August, 1998


person in attendance, though not summoned as a witness, or recall and re-examine any person already examined ... other witness or witnesses have been examined or recall any witness for further cross-examination. A bare reading



 


Jagadguru Sachidananda Shankarabharathi Swami Of Sri ... vs State Of Mysore on 3 April, 1968


counsel appeared and filed an application for recalling the warrant. The Court ordered not to issue warrant against ... contended that there is no difficulty for the prosecution witnesses to identify the accused as they identify him by name



 


State Of Karnataka vs Annegowda on 13 July, 2006


other witness or witnesses have been examined or recall any witness for further cross-examination." Section 242 of the Cr.P.C ... other witness or witnesses have been examined or recall any witness for further cross-examination. It does not deal with



 


trial of warrant- cases and may recall an witness who may have been examined. CHAP SUMMARY TRIALS. CHAPTER XXI SUMMARY

Central Government Act



 


Shankarrao S/O Kashinath Pode vs Pandurang S/O Sambhaji Kutarmare And Anr. on 4 March, 2005


also not disputed that thereafter the evidence of two witnesses was recorded and then complainant moved the Magistrate by filing ... trial of warrant cases and may recall any witness who may have been examined." 8. In the present case



 


Mukesh And Etc. Etc. vs State Of Rajasthan on 30 September, 1997


Public Prosecutor the learned Judge permitted him to recall such witnesses for examination and cross-examination as he may deem ... desire to recall, re-summon and re-examine any witness already examined. Under all such facts and circumstances



 


State Of Gujarat vs Bava Bhadya And Anr. on 18 July, 1961


cross-examine the witnesses, the witnesses named by him should be recalled. It appears that the learned trial Magistrate ... examine the witnesses for the prosecution and to recall Such witness whose cross-examination the accused desire. It is difficult



 


undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been examined and proceed

Central Government Act



State Of Gujarat vs Bachubhai Naginbhai Shah And Ors. on 21 November, 1994


undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been examined and proceed to rehear ... Criminal Procedure enjoins upon the Magistrate to recall any witness in the course of a summary trial, if it appears



 


Mukesh And Etc. Etc. vs State Of Rajasthan on 30 September, 1997


Public Prosecutor the learned Judge permitted him to recall such witnesses for examination and cross-examination as he may deem ... desire to recall, re-summon and re-examine any witness already examined. Under all such facts and circumstances



 


A. Krishna Reddy vs State And Another on 21 September, 1999


taken that is, not in, a summary way. The witnesses were elaborately cross-examined. As a matter of fact ... summary way was intended. It may be recalled with reference to objects and reasons behind Sections



 


says he does so wish, the witnesses named by him shall be recalled and, after cross- examination and re- examination ... shall be discharged. (6) The evidence of any remaining witnesses for the prosecution shall next be taken, and after cross

Central Government Act



 


Verendra Kumar vs Aashraya Makers And Anr. on 20 April, 1999


says he does so wish, the witnesses named by him shall be recalled and, after cross-examination and re-examination ... shall be discharged. (6) The evidence of any remaining witnesses for the prosecution shall next be taken and after cross



 


Sri T.Krishna Murthy, S/O.Pottanna, vs Deep Chand Agarwal, S/O.Late Chenganmal, on 25 April, 2005


says he does so wish, the witnesses named by him shall be recalled and, after cross-examination and re-examination ... shall be discharged. (6) The evidence of any remaining witnesses for the prosecution shall next be taken, and after cross



 


Nallapu Prahalad vs 1. K.Chandrasekhar And Another on 9 March, 2005


says he does so wish, the witnesses named by him shall be recalled and. after cross-examination and re-examination ... shall be discharged. (6) The evidence of any remaining witnesses for the prosecution shall next be taken, and after cross



 

 

Section 231 in The Code Of Criminal Procedure, 1973 [ "Complete Act" ]


other witness or witnesses have been examined or recall any witness for further cross- examination

Central Government Act



 


Moosa Abdul Rahiman And Anr. vs State Of Kerala on 2 April, 1982


Procedure Code, 1898. Section 217 reads as follows: Recall of witnesses when charge altered: Whenever a charge is altered ... enquire of the accused whether they would recall previous witnesses or summon new ones. The decision in Mohan



 


Jayakar vs The State, By Frazer Town Police on 10 July, 1996


other witness or witnesses have been examined or recall any witness for further cross-examination." 7. The cross-examination



 


Md. Sanjoy And Md. Mahtab vs The State Of West Bengal on 23 August, 1999


other witness or witnesses have been examined or recall any witness for further cross-examination." 3. it Is true that



 

 

Section 217 in The Code Of Criminal Procedure, 1973 [ "Complete Act" ]


Code Of Criminal Procedure, 1973 217. Recall of witnesses when charge altered. Whenever a charge is altered or added ... case may be, desires to recall or re- examine such witness for the purpose of vexation or delay

Central Government Act



Moosa Abdul Rahiman And Anr. vs State Of Kerala on 2 April, 1982


Procedure Code, 1898. Section 217 reads as follows: Recall of witnesses when charge altered: Whenever a charge is altered ... enquire of the accused whether they would recall previous witnesses or summon new ones. The decision in Mohan



 


T.P.G. Nambiar And Others vs The Ragistrar Of Companies, Karnataka, Bangalore on 5 February, 1997


laid, the prosecution produces the statements of the witnesses recorded under Section 161 of the Code in support ... judgment. It can be varied or recalled. The fact that the process has already been issued



 


Mansur Ahmad S/O Abdul Haque, Kalim Ahmad S/O Rafiq Ahmad ... vs State Of U.P. And Maqbool Ahmad S/O Mahboob Ahmad on 15 September, 2006


that learned Trial Court had no power to recall the witness under Section 311 Cr.P.C. for further cross examine ... final order as the Court has power to recall the witnesses at any stage of the trial if it considers



 


record an order to that effect and thereafter recall any witness who may have been examined and proceed to hear

Central Government Act



 


Basin vs State on 30 November, 1978


record an order to that effect and thereafter recall any witness who may have been examined and proceed to hear



 


Roshan Lal vs State Of Haryana on 22 May, 1987


which was attested by Ram Parkash, an independent witness, associated by the Food Inspector from there ... record an order to that effect and thereafter recall any witness who may have been examined and proceed to hear



 


Rajendra Alias Rajjan vs State Of Rajasthan on 16 December, 1987


record an order to that effect and thereafter recall any witness who may have been examined and proceed to hear ... record an order to that effect and thereafter recall any witness who may have been examined and proceed to hear


 



Rajan Salvi


Lawyer
[ Scorecard : 2305]
Posted On 14 December 2008 at 22:48 Report Abuse

Very Good , Mr Ahmed. Your effort deserves applause. Please do contribute and share your knowledge with this forum. Your presence is appreciated. Thank You.



roshan


business
[ Scorecard : 56]
Posted On 19 December 2008 at 20:44 Report Abuse

sir,


this case is of a cheque bounce and the accused are convicted, the case is now pending appeal before district court, now can accused recall fresh witness to defend his case??? if so under which sec....thx in advance



RAKHI BUDHIRAJA


LAWYER AT BUDHIRAJA & ASSOCIATES, SUPREME COURT OF INDIA
[ Scorecard : 10740]
Posted On 21 December 2008 at 14:53 Report Abuse

Thanx Sir. Really apprecialble n good collection. Its very helpfull.



ritu ranjan jha


advocate,income tax
[ Scorecard : 29]
Posted On 26 January 2011 at 12:07 Report Abuse

Hi Ritu,

          Recall of witness is permitted u/s 311 , but tell me is it discreationary or the magistrate is compelled to entertain the petition ? .

REGARDS,

RITU RANJAN JHA.



Advocate. Arunagiri I am Online


Advocate, High Court, Madras.
[ Scorecard : 21685]
Posted On 26 January 2011 at 16:09 Report Abuse

Once the case is disposed, you can pray for remand of the case to the magistrate court for producing additional witness.




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