311 crpc
G.S.Sandhu
(Querist) 11 December 2012
This query is : Resolved
I FILED APPLICATION UNDER SECTION 311 CRPC FOR RECALLING WITNESS A. THE SAME WAS DISMISSED AS WITHDRAWN. NOW CAN I FILE APPLICATION FOR RECALLING THE SAME WITNESS A AGAIN BEFORE THE TRIAL COURT. IF YES ANY CITATION/JUDGEMENT? PLEASE HELP IF U KNOW?
ajay sethi
(Expert) 11 December 2012
why did you with draw the application for recalling witness ?it what is the encessity now to make fresh application when you with drew the earlier application ?
for judgements visit indian kanoon website .
Ravikant Soni
(Expert) 11 December 2012
yes. But you must show the changes in circumstances and necessity of recalling the witness.
Powers under 311 are completely discretionary so you must have to draw attention of the court towards injustice which would caused unless witness not recalled.
Raj Kumar Makkad
(Expert) 11 December 2012
Court shall never be convinced with your pleading on the subject because you might not have even disclosed the reasons for the withdrawal of your earlier application so no chance seems in the given matter and no favourable judgment can be got expected on this point as desired.
