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salila (student)     30 September 2025

Crpc 311 sec 138 evidence act

prosecution was present .our advocate missed file .so many documents could not be confronted .hence court fixed date in crpc 313.it is very serious on lacuna of our advocate .we are giving application in crpc 311 to recall  prosecution and reply on valuable documents having proof of money received by him in sec138 ni act case.i am qurious whether court will postpone crpc 313 date .what should be valid reason to recall prosecution in court .is there any ruling on success of 311 .pl suggest .thanks



 11 Replies

P. Venu (Advocate)     30 September 2025

The facts, as posted, are less than convincing. What is the Case No.? Which Court?

T. Kalaiselvan, Advocate (Advocate)     01 October 2025

You can very well reopen the case 

You may be able to re-examine evidence or reopen a criminal case as a complainant, but you must file a timely and well-supported application with the court demonstrating a strong legal ground, such as significant new evidence that was previously unavailable, or clear errors in the previous proceedings that prejudiced the case, as this power is not automatic and relies on the court's discretion. You would typically rely on Section 311 of the Code of Criminal Procedure (CrPC), which gives the court power to recall witnesses or examine new ones, or the court's inherent powers to ensure justice is served. 

 If there were serious procedural errors during the original trial that violated your rights and impacted the proceedings' fairness, the court may allow for reopening. 
Under powers like Section 311 of the CrPC, a court can recall a witness or call new ones to a just decision, even after evidence is closed. 
1 Like

Dr. J C Vashista (Advocate )     01 October 2025

File an application u/s 311 CrPC immediately for recalling of the witness and proceed as advised by your lawyer.

salila (student)     01 October 2025

thanks sir .we are accused in sec138 ni case.the complainant filed 2 cases against  x and y   in family and having  same date hearing .for complainat witness in x case ,x was present .what so ever may be real thing .hearing was for case of y in dias .our advocate did not bring nearly 10 documents of Y to confront with complanant ,hence prosecution witness was closed as no documents of of y regarding proof payment could be exhibited  and fixed 7th oct for crpc313.when pointed to madam judge ,she adviced to present document sec139 accused witness.with such situation we are afraid .may our advocte malafide or real ignorance but path has long .most court do not favor 311 and in revison all fail .god knows

Advocate Bhartesh goyal (advocate)     01 October 2025

If the documents have relevancy with the case and essential for just and proper decision of case then submit the documents alongwih application under sec 311 Cr.P.C and request to recall the witness.Since Court has wide discretion/power under sec 311 Cr.P.C to6 recall the witness even case has put up for accused evidence. 

salila (student)     01 October 2025

RIGHTLY ,MAY I GET  DECISION -- Rahul Darbari v. Arun Kumar Khobragade & Ors

Essential Evidence Cannot Be Shut Out Merely On Grounds Of Delay Or Laches, But Right Of Accused To Expeditious Trial Paramount: Delhi High Court

Dr. J C Vashista (Advocate )     02 October 2025

Did you attempt to find out the decision or trying for spoon-feeding ?

Sristi Nimodia (Legal Consultancy)     07 October 2025

- An application under S. 311 of CrPC is filed after an the S. 313 application.  
- The court will only consider such when a proper condonation of delay is filed with valid proof.
- A valid reason can be the intrest of justice, new evidence and good faith neccesitity. 
- Filing an application to recall a witness does not automatically delay the process in which the accused is questioned under Section 313. However, if a witness is recalled and new evidence comes to light that could affect the accused, the court is required to ask the accused about this new material separately.
- If the court considers the recall essential for a just decision, it may postpone Section 313; otherwise, it may proceed with the scheduled examination of the accused and hear the recall application separately. 

1 Like

salila (student)     09 October 2025

the application has been submitted before 313.application u/s311 has been rejected and fixed for 313.we want to appeal in 438 bnss ,how date in 313 can be stayed till disposal of appeal .pl guide . 

P. Venu (Advocate)     10 October 2025

What is the Case No.? Which Court?

Shweta Bharti (--)     20 May 2026

Hello, Inquirer.

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