S311 of crpc read with s.202 of crpc.
Querist :
Anonymous
(Querist) 25 April 2024
This query is : Resolved
I am big time confused. Recently the Hon'ble Session Court in a petition u/s 340 of CrPC for Perjury took action by filing a written complainant against the opposite side.
To clarify, once the judge makes a written complaint, it will send it to First Class Judicial Magistrate for Trial Proceedings.
But before he does that, I want to invoke S311 of CrPC and examine witnesses on Oath. I am not sure if S311 permits recording of statement of witnesses on Oath and that's my first question.
If suppose the above question is answered in negative, then I plan to invoke S311 read with S202 or 200 of CrPC to get the statements of witnesses recorded on Oath.
Eventually my goal is to get this witnesses examined before the court and get their statements recorded on Oath so that they are binded with those statements.
Please advice
T. Kalaiselvan, Advocate
(Expert) 25 April 2024
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.
Section 311 cr.p.c
Advocate Bhartesh goyal
(Expert) 25 April 2024
Yes, sec 311 Cr.P.C Grant's wide discretionary power to the court to summon,examine,recall or re-examine any person if his evidence is just to decision of case.
P. Venu
(Expert) 26 April 2024
You have not posted the facts as well. It is impossible to give any meaningful suggestion based on subjective opinion and and wishful fancies.
