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1 - 10 of 14 (0.23 seconds)The Code of Criminal Procedure, 1973
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 294 in The Code of Criminal Procedure, 1973 [Entire Act]
Natasha Singh vs Cbi (State) on 8 May, 2013
10. The Ld. Trial Court has placed reliance upon a Judgment passed by
the Apex Court in Natasha Singh v. CBI, (2013) 5 SCC 741. The Apex
Court in the said judgment has observed as under:
Mir Mohd. Omar & Ors vs State Of West Bengal on 8 August, 1989
In Mir Mohd. Omar v. State of W.B. [(1989) 4
SCC 436 : 1989 SCC (Cri) 750 : AIR 1989 SC 1785]
this Court examined an issue wherein, after the
statement of the accused under Section 313 CrPC had
been recorded, the prosecution had filed an application
to further examine a witness and the High Court had
allowed the same. This Court then held, that once the
accused has been examined under Section 313 CrPC,
in the event that liberty is given to the prosecution to
recall a witness, the same may amount to filling up a
lacuna existing in the case of the prosecution and
therefore, that such an order was uncalled for.
Rajeswar Prosad Misra vs State Of West Bengal & Anr on 6 May, 1965
In Rajeswar Prasad Misra v. State of W.B. [AIR
1965 SC 1887 : (1965) 2 Cri LJ 817] this Court dealt
with the ample power and jurisdiction vested in the
court, with respect to taking additional evidence, and
observed, that it may not be possible for the legislature
to foresee all situations and possibilities and therefore,
the court must examine the facts and circumstances of
each case before it, and if it comes to the conclusion
that additional evidence is necessary, not because it
would be impossible to pronounce the judgment
without it, but because there would be a failure of
justice without such evidence being considered, and if
such an action on its part is justified, then the court
must exercise such power.
Mohanlal Shamji Soni vs Union Of India And Another on 22 February, 1991
The Court further held as
under : (Mohanlal Shamji Soni case [Mohanlal Shamji
Soni v. Union of India, 1991 Supp (1) SCC 271 : 1991
SCC (Cri) 595 : AIR 1991 SC 1346] , SCC p. 283, para
Rajendra Prasad vs Narcotic Cell Through Its Officer ... on 12 July, 1999
In Rajendra Prasad v. Narcotic Cell [(1999) 6
SCC 110 : 1999 SCC (Cri) 1062 : AIR 1999 SC 2292]
this Court considered a similar issue and held as under
P.Sanjeeva Rao vs State Of A.P on 2 July, 2012
13. Similarly, in P. Sanjeeva Rao v. State of
A.P. [(2012) 7 SCC 56 : (2012) 3 SCC (Cri) 1 : AIR
2012 SC 2242] this Court examined the scope of the
Signature Not Verified
Digitally Signed CRL.M.C. 2782/2022 etc. Page 10 of 14
By:RAHUL SINGH
Signing Date:03.08.2024
18:43
provisions of Section 311 CrPC and held as under :