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Rajaram Prasad Yadav vs State Of Bihar & Anr on 4 July, 2013

5. After hearing learned counsel for the parties and going through the records. Hon'ble Supreme Court in the case of Rajaram Prasad Yadav Vs. State of Bihar & another (supra) has noted that "the exercise of power under Section 311 Cr.P.C. should be resorted to only with the object of finding out the truth or obtaining proper proof of such facts, which lead to a just and correct decision of the case." It is further held that, " the exercise of the said power cannot be dubbed as "filling in a lacuna in the prosecution case", unless the facts and circumstances of the case make it apparent that the exercise of power by the court would result in causing serious prejudice to Signature Not Verified Signed by: AMITABH RANJAN Signing time: 14-10-2025 18:59:28 NEUTRAL CITATION NO. 2025:MPHC-JBP:52013 4 MCRC-17682-2024 the accused, resulting in miscarriage of justice." It is further held that " the wide discretionary power under Section 311 Cr.P.C. should be exercised judiciously and not arbitrarily".
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