Section 311 - Revision Maintainable
Munish Kumar Garg
(Querist) 18 November 2009
This query is : Resolved
Hello members
I want to know whether criminal revision is maintainable against the order passed U/s 311 CRPC thereby dismissing the application. If so give some citations of Supreme court, Punjab High Court etc.
My next date of arguments is 20th of this moneth.
Thanks
adv. rajeev ( rajoo )
(Expert) 19 November 2009
Yes criminal revision is maintianable against the order rejecting the application, no citation is required for this is right.
Adinath@Avinash Patil
(Expert) 19 November 2009
Dear Manish following ruling will help you for your querry.
section 311 empowers the court to summon material witnesses though not summoned as witness and examine or recall and re-examine if their evidence appears to be essential for the just dwcision of the case.
shailendra kumar v/s state of bihar
2002 AIR[SC] 270.
PJANARDHANA REDDY
(Expert) 19 November 2009
PLEASE FIND THE CASE LAW OF SHAILENDRA KUMAR
Raj Kumar Makkad
(Expert) 19 November 2009
AK malhotra versus HK Dass 2008 (4) RCR (Criminal) 66 ( P & H).
dhiraj choudhary
(Expert) 19 November 2009
in jammu and lashmir a circular has been issued by the honble high court that if prosecution fails 2 produce d material witnesses then it becomes the duty of the court to summon these witnesses n no court can close the right of prosecution unless material witnesses especially i.o n doctor r examined
Munish Kumar Garg
(Querist) 19 November 2009
Thanks to all the members for sending the case law.
Please note that in view of 2009(2) Cr.L.J. 2247 SC, 2009(2) RCR (Cri) 178 Pb. ;the revision is not maintainable as the order U/S 311 CRPC is interlocutory one.
