Mishra, Counsel for the respondent/S.P.E.
(Lokayukt).
Heard Finally.
This application under Section 482 of Cr.P.C. has been
filed against ... applicant filed an application under Section 311 of
Cr.P.C. seeking recall of Ram Gopal (P.W.5) on the ground
that the witness
applicant.
Shri G.S. Chauhan, Public Prosecutor for
respondent/State.
This application under Section 482 of Cr.P.C. has been
filed against the order ... Rajesh Kushwah Vs. State of M.P .)
Section 311 of Cr.P.C. reads as under:-
311. Power to summon material witness,
or examine Person
such re-examination. Therefore, a reading of Section 311 Cr.P.C.
and Section 138 Evidence Act, insofar as it comes to the question ... decisions, while
dealing with an application under Section 311 Cr.P.C. read along with
Section 138 of the Evidence Act, we feel the following
such re-examination.
Therefore, a reading of Section 311 Cr.P.C. and Section 138 Evidence
Act, insofar as it comes to the question ... decisions, while
dealing with an application under Section 311 Cr.P.C. read along with
Section 138 of the Evidence Act, we feel the following
such re-examination.
Therefore, a reading of Section 311 Cr.P.C. and Section 138 Evidence
Act, insofar as it comes to the question ... decisions, while
dealing with an application under Section 311 Cr.P.C. read along with
Section 138 of the Evidence Act, we feel the following
Cr.P.C., as the case in hand revolves around the aforesaid two sections of Cr.P.C . Sections 311 and 397 Cr. P.C ... Cr.P.C., were interlocutory orders and as such, the revision against those orders was clearly barred under Section 397(2) Cr.P.C
such
re-examination. Therefore, a reading of Section 311 Cr.P.C. and Section 138
Evidence Act, insofar as it comes to the question ... decisions, while dealing
with an application under Section 311 Cr.P.C. read along with Section 138 of
the Evidence Act, we feel the following
petitioners-accused under Section 311 of the Code of Criminal
Procedure, 1973 (for short - " Cr.P.C .") for recalling of the Investigating
Officer namely ... recorded under Section 161 Cr.P.C.
by Investigating Officer namely M. Narayanan, the statement recorded
under Section 164 Cr.P.C. by the then
311
of Cr.P.C permitting the respondent to further cross examine P.W.4 and re-
examine P.Ws.1 to 3 and P ... Section 311 of Cr.P.C and therefore this Court in
exercise of its jurisdiction under Section 482 of Cr.P.C should not interfere
decisions, while
dealing with an application under Section 311 Cr.P.C. read along
with Section 138 of the Evidence Act, we feel the following ... exercise of the widest discretionary power
under Section 311 Cr.P.C. should ensure that the judgment
should not be rendered on inchoate, inconclusive speculative
