Mastan 03 August 2020

Crpc 311 application before committal court

Respected sirs,

Case is sessions trailable. Now at committal court and committal is pending due to 190(1)(b) criminal miscellaneous petition pending. it is filed for taking cognizance of charge which exists in 161(3) statements but left out in final investigation report (173(2).

Prior to approach the court the applicant approached superior police officers with a grievance about lapses in investigation. And the police took a statement from a witness WHICH IS TOTALLY CONTRADICTORY (unmatched version) to that of 161(3) statement already placed with the charge sheet in Court.

Now during the proceedings of Crlmp of sec 190(1)(b) crpc , can the applicant file CRPC 311 application to summon the witness and examine his 161(3) statement by magistrate to ascertain the facts (by submitting certified copy of his contradictory statement before superior police officer and the original 161(3) statement copy along with 311 application)

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2 Replies

Mastan 04 August 2020

@omprakash sir, thanks for the concern and reply. Its obviously right what you said.

But theoretically CRPC 311 is

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 as 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.

It is saying any court , any stage of inquiry , trial or other proceeding...SO can we take as a CRLMP as inquiry or proceeding?

And can we ask the consistency of 161 statement and conspiracy of signed statement given before police to be verified by summoning the witness to arrive at a fair decision in this specific CRLMP order?

Mastan 05 August 2020

Thanks sir, Actually the intention is that only. i.e. to rope in the other accused also whose involvement not exposed by corrupt investigation officer