sec 311 recall
PRAKASHCHANDRA MARU
(Querist) 22 July 2009
This query is : Resolved
hello all learned experts
i was delivered the legal case u/s ipc of theft chifof examination taken by the p.p.but on the same day by the bonafide mistake of date i was not present so court asked to accused to defende himself so he informed no knowledge of the defence and he would like to change laweyer and want to apply in legal aid for new lawyer but afterwards it came to his knowledge that it was my mistake he continue as his lawyer so i give application u/s 311 for recall of the complaiant so he rejected because of there is only provision of the court not the lawyer can i challeng the said order by revision or appeal pls inform thanks
K.C.Suresh
(Expert) 23 July 2009
Court is the authority on an application from your side. But court must use its discretion judicially. The court can summon any person at any time of the trial. The court can its own motion re-call the witness or on the initiation of the prosecution or defence. So if the order of rejection is not legal you can approach the higher court.
Kiran Kumar
(Expert) 23 July 2009
u ll ve to file a revision petition, this order is not appealable.
ad. creaminall
(Expert) 23 July 2009
there are two important judgements which definitely will helpfull you.here are the details...
(1) IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 110 of 2009
_____
Lal Ranjan Nath Shahdeo ….. Petitioner
Versus
The State of Jharkhand ….. Opposite Party
____
C.A.V. ON: 19.03.2009. PRONOUNCED ON: 28/04/ 2009.
AND
(2) SUPREME COURT CASE NO.:
Appeal (crl.) 834 of 2006
PETITIONER:
U.T. of Dadra & Haveli & Anr
RESPONDENT:
Fatehsinh Mohansinh Chauhan
DATE OF JUDGMENT: 14/08/2006
BENCH:
G.P. Mathur & A.K. Mathur
JUDGMENT:
J U D G M E N T
(Arising out of S.L.P.(Crl.) No.5459 of 2004)
A Truthseeker
(Expert) 26 July 2009
mr.Suresh is perfectly right.the court must not arbitrarily reject the petition.so u should approach as advised by mr.Kumar.
