Application u/s.311 of cr.p.c
VINAY B SHAH
(Querist) 27 July 2012
This query is : Resolved
I AM THE COMPLAINANT I NEED TO MADE AN APPLICATION U/S.311 OF Cr.P.C FRO RE-CALLING FOR RE-EXAMINATION WITNESS PW NO 2.
MY CASE STATUS IS ACCUSED U/S.313 OF Cr.P.C. IS OVER AND THE MATTER IS ADJOURNED COUPLE OF TIMES FOR FINAL ARGUMENT.
I NEED TO FILE REVISION APPLICATION FOR WITNESS PW NO 2 BUT IN MY COMPLAINT (AFFIDAVIT) I DIN’T MENTION IN THE LIST OF WITNESS NAME OF PW NO 2
SO ARE THERE ANY JUDGMENT WHICH STATES THAT SUCH REVISION APPLICATION CAN BE ALLOWED.
PLEASE GIVE ME YOUR OPINION & REFERENCE ON IT.
THANK YOU
Adv.R.P.Chugh
(Expert) 27 July 2012
Absolutely - the powers of criminal court u/s 311 for recalling of witnesses or calling of new witnesses is unfettered by the boundations of list of witnesses. The only consideration being the calling of witness should be essential in the ends of justice. You would find the following judgments fruitful :-
a) Zahira Habbibulah Sheikh v. State (2004 SC)
b) Fateh Sinh Mohan SInh v. UT of Dadra & Nagar Haveli
