Is it fit to move sc against dismissal of 311 petition
Prakash
(Querist) 22 June 2014
This query is : Resolved
Ld Counsels,
Accused move a petition to recall PW1 for further cross examination on the facts he came to very late. the petition was moved at the stage of arguments after written submissions were filed by both the sides.
PW1 was also recalled twice by the accused earlier during trial. for this reason trial court and HC dismissed the 311 petition holding that accused had exhausted all the opportunities without considering whether the additional facts relevant for just decision of the case. PW1 is wife and facts regarding her extra marital affairs is to be proved by further cross examination.
Can the accused move SC to challenge the dismissal of 311 petition?
Thanks in advance.
Devajyoti Barman
(Expert) 22 June 2014
Yes, order of HC can be challenged in supreme court.
Raj Kumar Makkad
(Expert) 22 June 2014
Though no merit seems in the given issue but appellate court is definitely Hon'ble Supreme Court of India.
