Recall the witness

vitthal sadhuji Tamgadge (Querist) 12 January 2013 This query is : Resolved
one prosecution witness alredy chief and cross examined.then accused counsal filed the application u/s 311 cr.p.c. for asking the some question to the already cross examined the witness.court allowed the application.such order is legal or not legal
please inform to us with reling

v.s.Tamgadge
Asstt.public prosecutor

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Raj Kumar Makkad (Expert) 12 January 2013
Such order is legal as the order has ben passed under a legal provision.

Advocate Bhartesh goyal (Expert) 13 January 2013

Absolutely legal order.

The Code of Criminal Procedure, 1973 (CrPc)

311. Power to summon material witness, or examine person present.

Any court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person its a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.

R.K Nanda (Expert) 13 January 2013
fully legal.

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