Mohanlal Shamji Soni
(supra), wherein Section 540 of Cr.P.C of 1898 which corresponds with
Section 311 Cr ... person under Section 138 , will
have to necessarily be in consonance with the prescription
contained in Section 311 , Cr
cognizance" has not been defined in the Cr PC nor dose the Cr PC prescribe any special form of taking cognizance ... Section 202 , Cr PC. From the records I find that he has been examined as P.W. 13 as Court witness.
7. Section 311
Code of Criminal Procedure ( Cr.PC ) and the other under Section
319 Cr. PC. Both the said applications were decided by the trial ... moved another application
under Section 311 Cr. PC on 09.10.2015. His two applications under
Section 311 Cr. PC, the one moved
object underlying under Section 311
Cr.P.C., has been stated as under in paragraph 9:-
"9...27. The object underlying Section ... mind by the
Court while dealing with application filed under Section 311 Cr.P.C, has
held that the exercise of the widest
Cr. PC to call proposed
witnesses who are not mentioned in the list of witnesses. The relevant
expressions used in Section 311 Cr ... Manju Devi Case (Supra), offences involved were Section
302 / 304B / 498A IPC. Application u/s 311 Cr PC was filed by the mother
trial Court dismissing the Petitioner‟s
application under Section 311 Cr PC.
CRL.A. No. 577 of 2008 Page 17 of 23
Decision ... were not being produced, the Respondent filed an
application under Section 311 Cr PC for recalling of the panch
witnesses and that application
Admittedly, an application was filed by the petitioner under Section
311 Cr P C for calling the upon the accused person either ... this stage when stage of Section 313 Cr.P.C. is going on.
provision of Section 294 Cr.P.C. is with
passed
were not presented under the label either of Section 173 or Section
311 Cr. PC. The additional evidence for which permission ... principles summarized governing the exercise of power
under Section 311 Cr. PC as culled out in the case of Rajaram Prasad
Yadav (supra
just decision of the case. For ready reference Section 311 , Cr- PC is quoted herein below :--
311. Pouter to summon material witness ... offence under Section 302, IPC the same was not compoundable also under the provisions of Section 320, Cr PC.
21. The Supreme Court
311
Cr. PC for leading additional evidence.
8. Thereafter, on 30.01.2018 complainant moved an application u/s
311 Cr. PC ... offence punishable U/s 138 N I Act. Hence, he stands acquitted and the
application of complainant u/s 311 Cr. PC stands
