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Siv (engineer)     27 October 2014

Can petition u/s 311 of crpc filed again

Hello Sirs,

 

I filed petition U/s 311 to re-call the PW.1 to PW.4 (Prosecution Witnesses) for the purpose of Further Cross-Examination whereas the court dismissed the petition saying as below:

 

 "The petition filed to recall the prosecution witnesses PW.1 to PW.4 to confront with the documents those will be marked as exhibits through the defence witnesses"

 

Whereas the petition U/s 311 is not made such submission/ground.

 

In these circumatnces can I file one more petition U/s 311 CrPC stating that "the defenc is not willing to confront the  PW.1 to PW.4 with respect to the documents those will be marked as exhibits through the defence witnesses" and allow the present 311 CrPC petition to recall the PW.1 to PW.4 on the gorunds mentioned in earlier 311 CrPC petition.



Learning

 2 Replies

Laxmi Kant Joshi (Advocate )     27 October 2014

Yes you can move the review application with your proper intention before the same court and request him to recall them in the interest of justice .

Siv (engineer)     27 October 2014

Review is not maintainable in law .... but on change of circumstances/grounds is it possible to file same petition again....


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