311 Cr.P.C.

Arvind Singh Chauhan (Querist) 20 March 2010 This query is : Resolved
Sir,

Prosecution has moved application under Sec 311 that they wants to examine one witness, who is not listed in witness list , in charge sheet, but his statement is recorded by I.O. I need citation to against prosecution please refer if any.

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Raj Kumar Makkad (Expert) 20 March 2010
In the case of Baljeet Singh versus State of Haryana 2009 (2) RCR (Criminal) 178 Punjab & Haryana High Court has clearly established on the basis of various citations of Apex Court that section 311 is wholly discretionary power and court can and ought to examine witness at any stage (even when it proceeds to write judgment) whenever it considers the evidence essential and if valid reasons are made out, the court may allow any of the parties to call new evidence at any stage.

So there are no chances for you and State can bring new evidence, if it is duly permitted being found essential to meet out the controversy..

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