Trial court has rejected an application u/s 311, Cr.P.C. for recalling a witness for further examination. Is it an interlocutary order and is revision maintainable against this order ?
Swami Sadashiva Brahmendra Sar (Nil) 23 December 2010
Trial court has rejected an application u/s 311, Cr.P.C. for recalling a witness for further examination. Is it an interlocutary order and is revision maintainable against this order ?
Amit Minocha (Lawyer) 23 December 2010
You can do so u/s 397 but the grounds have to be very strong and if possible give offer to submit the questionare. Ref to following Supreme Court judgement
"Shailendra Kumar, Appelant versus State of Bihar and Others, Respondents” of 2001
and also
“Rajender Prasad, Appelant versus Narcotic Cell through its Officer in charge”, 1999 of SC
"Fatehsinh Mohansinh Chauhan And Others, Petitioners V. Union Territory Of Dadra And Nagar Haveli And Others, Respondents” - 2003 Bombay High Court
N.K.Assumi (Advocate) 23 December 2010
An order refusing to recall witness by the court was regarded as interlocutory oredr in Dwarkadas case as reported in 1980 Cr LJ 1018 by the Himachal Pradesh High court.
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 23 December 2010
1980 is old citation , thereafter there are no of rulings few have been given above.
Yes it is right to recall a witness and revision will lie but depends on circumstances of the case.
N.K.Assumi (Advocate) 24 December 2010
Yes, CrPc makes it very clear that if the evidence is essential to the just decision of the case the court may summon or recall any material witness even after the close of evidence and before the judgment is pronounced, as such the power is there to recall the witness. Now, the question is whether recalling of witness falls within the meaning of interlocutory Order as to fall under 397 CrPc. As way back in 1977 SC held that summoning the appellants can not be held to be interlocutory order which can not be revised by the High Court, so what is the nature of the order recalling a witness, interlocutory or final decision?