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 ... case. [311-A. Power of Magistrate to order person to give specimen signatures or handwriting. [Inserted by Act of 2005, Section
well as Section 138
of the Evidence Act. The same are extracted hereunder:
Section 311 , Code of Criminal Procedure
311. Power to summon material witness ... through his re-
examination vide Section 138 Evidence Act or Section 311 of the
Criminal Procedure Code. It is also clear that
dismissing the
application filed by the appellant under Section 311 of the Code of
Criminal Procedure, 1973 (hereinafter referred to as the ‘ ... under Section 120B read
with Sections 420 , 467 , 468 , 471 of the Indian Penal Code, 1860
(hereinafter referred to as the ` IPC ’) and Section
Judge in
exercise of the power under Section 482 of the Code of Criminal Procedure
(for short “ CrPC ”) has annulled the order ... accused persons seeking recall of the witnesses under Section
311 read with Section 231(2) CrPC.
2. To appreciate the controversy that
case by adducing the best available evidence. Under
Section 311 of the Code of Criminal Procedure it is the
duty of the Court not only ... Criminal Procedure, 1973 is a verbatim reproduction of
Section 540 of Code of Criminal Procedure, 1898 (for short 'old
Code'). Section 311
, as well as Section 138 of the
Evidence Act. The same are extracted hereunder:
Section 311 , Code of Criminal Procedure
“311. Power to summon ... person under Section 138 ,
will have to necessarily be in consonance with the prescription contained
in Section 311 CrPC. It is, therefore, imperative
under Sections 498A, 304B, 302
read with Section 34 of the Indian Penal Code(hereinafter being
referred to as “ IPC ”) and under Section ... Additional Special Public Prosecutor under Section 173(5) read
with Section 311 of Code of Criminal Procedure, 1973(hereinafter
being referred to as “ CrPC
petition instituted by the appellant
under Section 482 of the Code of Criminal Procedure 19731 registered as Misc.
Criminal Case ... supra) while
dealing with pari materia provisions of Section 540 of the Criminal Code of
Procedure 1898 observed:
15
―16. The second part of Section
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
2015, by which the application filed by the
applicant under Section 311 of Cr.P.C. has been rejected.
The necessary facts for the disposal ... under Section 13(1)(d) read with Section 13(2) of
Prevention of Corruption Act.
The applicant filed an application under Section 311 of
