statement
under Section 313 Cr.P.C. where they could furnish their explanation. It was
thus held that the application under Section 311 ... under:-
"23. From a conspectus consideration of the above decisions, while
dealing with an application under Section 311 Criminal Procedure
Code read along with
application under Section 91 Cr.P.C. for production of documents and other on the application under Section 311 Cr.P.C. for recalling ... trial court rejecting the application under Section 91 Cr.P.C., for production of documents and the application under Section 311
against the accused was under Section 498-A of IPC.
The Public Prosecutor filed an application under Section 311 of
Cr.P.C. to examine ... whose
statement under Section 161 Cr.P.C was not recorded cannot be
permitted to be examined as witness under Section 311
held as under:-
23. From a conspectus consideration of the above decisions,
while dealing with an application under
Section 311 Criminal Procedure Code read along ... given to the other party.
n) The power under Section 311 Criminal Procedure
Code must therefore, be invoked by the Court only in
order
underlying under Section 311 Cr.P.C., has been stated by the Apex Court as under in paragraph 11:-
"11. The object underlying Section ... observed "application was, therefore rightly dismissed".
22. The reason disclosed by the revisionist for filing the application under section 311
down the object underlying Section 311 Cr.P.C. which reads as under:-
"The object underlying Section 311 of the Code is that
there ... dismissing the application under Section
311 Cr.P.C., if seen in the context to the spirit of Section 311
present application) seeking to
lead additional evidence.
10. A perusal of the present application under Section 311 Cr.P.C.
shows that it is prayed ... section 311 of Code of Criminal Procedure. Moreover
in this case previously also an application under section
311 of Cr.P.C was filed, which
present application) seeking to
lead additional evidence.
10. A perusal of the present application under Section 311 Cr.P.C.
shows that it is prayed ... section 311 of Code of Criminal Procedure. Moreover
in this case previously also an application under section
311 of Cr.P.C was filed, which
present application) seeking to
lead additional evidence.
10. A perusal of the present application under Section 311 Cr.P.C.
shows that it is prayed ... section 311 of Code of Criminal Procedure. Moreover
in this case previously also an application under section
311 of Cr.P.C was filed, which
police report
submitted under Section 173 Cr.P.C. by the police.
Accordingly, an application for additional evidence under
Section 311 ... prosecution in a
criminal case cannot be allowed to be filled up under the grab of an
application under Section 311
