Siv (engineer) 16 September 2014

Regarding dismissal of recall before defence evidence

Hello Sirs,

Recently Magistrate Court dismissed recall petition U/s 311 of CrPC stating that : Present stage of case is for defence evidence and recall is dismissed now with a permission to file again after closing the defence evidence....

I want to know is this ground to dismiss the recall petition considerig below:

1. If recall is done after efence evidence then circumstances may leads to recall of defence witnesses again....

2. Disclosure of defence strategy before complete cross of Prosecution Witnesses.

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Ashok, Advocate (Lawyer at Delhi) 16 September 2014

Section 311 of Cr.P.C. gives power to the court to examine / recall any witness at ANY STAGE of the trial. However, if the Magistrate has already refused to grant you permission to recall the witnesses before the examination of the defence witnesses and instead given you liberty to apply afresh for recall of witnesses after defence examination is over, and if you are fully convinced that it may be detrimental to your defence, then the only option before you is either to convince the Magistrate to permit you to recall the witnesses now (by explaining the reasons) OR to challenge this order of the Magistrate before the appropriate higher court.