Section 311 in The Code of Criminal Procedure, 1973
311. Power to summon material witness, or examine person present.
- Any Court may, at any stage ... inquiry, trial or other proceeding under this Code, summon any person in attendance, though not summoned as a witness, or recall and re-examine
311 Cr.P.C., as well as Section 138
of the Evidence Act. The same are extracted hereunder:
Section 311 , Code of Criminal Procedure
311 ... prescription contained in Section 311 Cr.P.C. It is, therefore, imperative
that the invocation of Section 311 Cr.P.C. and its application
issue wherein, after the statement of the
accused under Section 313 Cr.P.C. had been recorded, the prosecution
had filed an application to further ... held, that once the
accused has been examined under Section 313 Cr.P.C., in the event that
liberty is given to the prosecution
SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 805-806 OF 2016
(@ S.L.P. (Crl.) Nos. 3278-79 of 2016)
State ... exercise of the power under Section 482 of the Code of Criminal Procedure
(for short “ CrPC ”) has annulled the order of the learned
Code of Criminal Procedure, 1973 is a verbatim reproduction of
Section 540 of Code of Criminal Procedure, 1898 (for short 'old
Code'). Section ... witnesses under
Section 161 Cr.P.C. and other documents as mentioned in Section 207
Cr.P.C. It is on the basis
statement of the prosecutrix was
recorded under Section 164 Cr.P.C. on 8th December, 2014. After
investigation, charge sheet was filed before the Magistrate ... engaged by
the accused. Statement of the accused under Section 313 Cr.P.C. was
recorded on 3rd February, 2015. On 4th February
Public Prosecutor under Section 173(5) read
with Section 311 of Code of Criminal Procedure, 1973(hereinafter
being referred to as “ CrPC ... further observed that as per Exhibits P136, P140 to
P142, which are available on record that PW44 Investigating
Officer had initiated
appellant
under Section 482 of the Code of Criminal Procedure 19731 registered as Misc.
Criminal Case No. 57152 of 2021.
2 The petition addressed ... rectify the
situation appropriately. The whole scheme of the Code of
Criminal Procedure envisages fool proof system in
dealing with a crime alleged against
mother of the deceased, moved an application
under Section 311 of the Code of Criminal Procedure (‘ CrPC ’) in the said
case, seeking summoning ... exercise of powers under Section 311 , this Court observed,
inter alia, as under:-
" 8. Section 311 CrPC empowers the court to summon
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 ... application filed under Section 311 of Cr.P.C., reads as
under :
^^vkosnu i= varxZr /kkjk 311 n0iz0lafgrk
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1- fuosnu gS fd izdj
