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Siv (engineer)     19 June 2014

Can sec 311 crpc be used to call a person by court to examin

Hi All,

 

it is possible U/s 311 CrPC to pray the court by Accused to summon the persons for the purpose of examination by court as idependent witnesses ... means not from the Accused side witness or Prosecution side ....

 

If possible on what ground Accused can ask the court to examine those people ..... but Accused is not interested to call them as Defence side witnesses because they are not relieable some times....



Learning

 4 Replies

Advocate Bhartesh goyal (advocate)     19 June 2014

Court can summon any person f or, examination if that person 's evidence appears just to do decision.Accused can pray orally in this regard.

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.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     19 June 2014

Also 311 CrPC is very important for Appeal petition.

Siv (engineer)     20 June 2014

Dear Satyaprakash Bani Sir,

 

Your Backup plan is super .....Appreciatre for your forward thinking ...

Siv (engineer)     20 June 2014

Hello Sirs,

 

court rejected my CrPC 91 petition in which petitioner sought docs from Prosecution, includes police, and prosecution witnesses, whereas court dismissed my prayers saying if Prosecution is not coming forward to submit docs in support of their case allegations then it is useful for the Accused then why the Accused is asking the documents which may go against the accused.....

 

Whereas the intenson of the accused is to prove allegations are false or the documents those were submitted before the police by the Prosecution Witnesses during investigation was false and were fabricated .....to know such facts and circumstances the sought documents are required.

 

Now Can I file petition U/s 91 and 311 of CrPC seeking the court to summon concern people/offices to produce documents and for giving evidence that are possible to exists if allegaed allegations are possible to happen considering that the Accused denied alll allegations and made efforts to summon documents to prove/say allegations are false .....


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