Crpc 311 in appeal.

Vinod shah (Querist) 28 February 2020 This query is : Resolved
The provision of CRPC is for any court and any procedding but Session court has rejected the application that it is not applicable for appeals.

any case laws in the matter pl.

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KISHAN DUTT KALASKAR (Expert) 28 February 2020
Dear Sir,
You may approach High Court against such order.

Vinod shah (Querist) 28 February 2020
Chatishgarh HC has also said same thing.

Vinod shah (Querist) 28 February 2020
the provision CRPC 311 says that- Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, and the Court shall summon and examine or recall .

This provision is specific so its order is needed fro SC. We need advocate who can take this matter to SUPREME COURT.

Raj Kumar Makkad (Expert) 28 February 2020
While exercising power under Section 311 CrPC, paramount consideration of the court is to do justice to the case and court can examine a witness at any stage, even if same results in filling up lacuna or loop holes.

Raj Kumar Makkad (Expert) 28 February 2020
Section 311 CrPC casts a duty upon the Court to summon, re-examine or recall a witness at any stage, if his/her evidence appears to be essential for just decision of the case.

Raj Kumar Makkad (Expert) 28 February 2020
Hon'ble Apex Court in Zahira Habibullah Sheikh (5) and another vs. State of Gujarat and others (2006)3 SCC 374 has held as under:-

"27. The object underlying Section 311 of the Code is that there may not be failure of justice on account of mistake of either party in bringing the valuable evidence on record or leaving ambiguity in the statements of the witnesses examined from either side. The determinative factor is whether it is essential to the just decision of the case. The section is not limited only for the benefit of the accused, and it will not be an improper exercise of the powers of the Court to summon a witness under the Section merely because the evidence supports the case for the prosecution and not that of the accused. The section is a general section which applies to all proceedings, enquiries and trials under the Code and empowers Magistrate to issue summons to any witness at any stage of such proceedings, trial or enquiry. In Section 311 the significant expression that occurs is "at any stage of inquiry or trial or other proceeding under this Code". It is, however, to be borne in mind that whereas the section confers a very wide power on the Court on summoning witnesses, the discretion conferred is to be exercised judiciously, as the wider the power the greater is the necessity for application of judicial mind.

Raj Kumar Makkad (Expert) 28 February 2020
As indicated above, the Section is wholly discretionary. The second part of it imposes upon the Magistrate an obligation: it is, that the Court shall summon and examine all persons whose evidence appears to be essential to the just decision of the case. It is a cardinal rule in the law of evidence that the best available evidence should be brought before the Court. Sections 60, 64 and 91 of the Indian Evidence Act, 1872 (in short, 'Evidence Act') are based on this rule. The Court is not empowered under the provisions of the Code to compel either the prosecution or the defence to examine any particular witness or witnesses on their side. This must be left to the parties. But in weighing the evidence, the Court can take note of the fact that the best available evidence has not been given, and can draw an adverse inference. The Court will often have to depend on intercepted allegations made by the parties, or on inconclusive .
inference from facts elicited in the evidence. In such cases, the Court has to act under the second part of the section. Sometimes the examination of witnesses as directed by the Court may result in what is thought to be "filling of loopholes". That is purely a subsidiary factor and cannot be taken into account. Whether the new evidence is essential or not must of course depend on the facts of each case, and has to be determined by the Presiding Judge.

Raj Kumar Makkad (Expert) 28 February 2020
You may contact either of the lawyers for your matter to be taken up at the level of Hon'ble Apex Court.

P. Venu (Expert) 29 February 2020
Facts, as posted, lacks clarity. Please post material facts.

Dr J C Vashista (Expert) 01 March 2020
Very well explained and advised by expert Mr. Raj Kumar Makkad, I agree and appreciate.

Dr J C Vashista (Expert) 01 March 2020
You have not disclosed the circumstances / stage of a criminal case where the Court is required to invoke the provision of Section 311 Cr PC for recalling / re-examination of witness.
What is the opinion and advise of the lawyer engaged by you if you are a party ???

Raj Kumar Makkad (Expert) 01 March 2020
Evry judgment deal with the separate facts and circumstances and once an author keeps mum qua the facts, even the cited judgment is of no help for him.

Vinod shah (Querist) 02 March 2020
The judgments post by the EXPERT are for trial court. My problem is that in appeal session court says CRPC 311 is not applicable for appeals. And on revision CHATISGARH HICH COURT also confirmed it.

So need is to go APEX COURT for getting clearity in the matter.

Raj Kumar Makkad (Expert) 02 March 2020
The application of Section 311 Criminal Procedure Code is at the trial stage and not in the appeal and accordingly the view of Ld. Session Judge affirmed by Hon'ble High Court of Chhatisgarh is accurate.

T. Kalaiselvan, Advocate (Expert) 20 March 2020
The appellate court i right in rejecting the application filed under section 311 cr.p.c.
You should understand the concept of appeal i.e., an appeal is preferred before the appellate court only against the aggrieved judgment of the trial court and not to decide about the new issues that you may bring it in appeal.
Therefore the decision confirming the 1st appellate court by the high court is in my opinion a right decision and any appeal against this decision before supreme court also may not be maintainable.

Vinod shah (Querist) 20 March 2020
Dear sir there is provision in CRPC 391 for additional evidence even at appeal stage.

while the wording of CRPC is are broad and liberal - that is any court and and any proceeding - so why not at appeal stage.

Raj Kumar Makkad (Expert) 20 March 2020
Cr. PC means a procedural code to deal with the criminal matters. Once a particular provision has been inserted by Parliament and which has also passed the repeated tests of the different courts, cannot be asked from the interpreters/followers of law like us.

There cannot be similarity of section 311 and 391 Cr PC. Every section and its applicability is different. You should confine only to your own subject instead of starting an academic discussion.

Vinod shah (Querist) 20 March 2020
ok close this querry.