CRIMINAL PROCEDURE CODE sec.311 summoning a witness on behalf o accused - dismissed by trial court = First part of Section 311 Cr.P.C gives discretion to the Court to examine any witness or recall any witness who was already examined. When the case falls under second part of Section 311 Cr.P.C, no discretion is given to the Court. It is mandatory for the Court to call the witness when his evidence appears to be essential to arrive at a just decision of the case. The party who wants to examine a witness is bound to bring the witness. The petitioner has not given any reason for not bringing him to give evidence on his behalf. The petitioner having knowledge about the name and address of the proposed witness and nothing prevented him to produce the said person to give evidence on his behalf. There are no grounds to interfere with the findings of the Court below.

THE HON'BLE SRI JUSTICE K.C.BHANU

CRIMINAL PETITION No. 1004 OF 2013

 

ORDER:

          This Criminal Petition is filed by the petitioner/Accused to set aside the order dated 04.12.2012 passed in Crl.M.P.No.4110 of 2012 in S.T.C.No.177 of 2008 on the file of the III Additional Judicial Magistrate of First Class,Tirupathi.

2.      Crl.M.P.No. 4110 of 2012 in S.T.C.No.177 of 2008 was filed to recall one Sudheer to examine him on behalf of the accused, who speak about the material alterations in Ex.P1 and the said petition was dismissed on the ground that nothing prevented the petitioner/accused to produce the said person before the Court to examine him on his behalf.

3.      Learned counsel for the petitioner/accused contended that examination of Sudheer is very much essential for the just decision of the case, as he speaks about the material alterations in Ex.P1.  Therefore, he prays to set aside the above said order.

4.      First part of Section 311 Cr.P.C gives discretion to the Court to examine any witness or recall any witness who was already examined. 

When the case falls under second part of Section 311 Cr.P.C, no discretion is given to the Court.  It is mandatory for the Court to call the witness when his evidence appears to be essential to arrive at a just decision of the case.  

The party who wants to examine a witness is bound to bring the witness. The petitioner has not given any reason for not bringing him to give evidence on his behalf.  The petitioner having knowledge about the name and address of the proposed witness and nothing prevented him to produce the said person to give evidence on his behalf.   There are no grounds to interfere with the findings of the Court below. 

5.      Accordingly, the Criminal Petition is dismissed.  Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

           

          _­­­_____________________

                                                                JUSTICE K.C.BHANU

08.02.2013

kvs

 

THE HON'BLE SRI JUSTICE K.C.BHANU

 

 

 

 

 

 

 

 

 

 

CRIMINAL PETITION No. 1004 OF 2013

08.02.2013

kvs