Case BriefsHigh Courts

Delhi High Court: Sunil Gaur, J., while putting petitioners to terms, allowed their application filed under Section 311 CrPC to recall three prosecution witnesses for cross-examination.

Earlier, the trial court had dismissed the petitioner’s application for recall of prosecution witnesses. Dinesh Sah and Rajeev Rajan, Advocates appearing for petitioners submitted that the witnesses sought to be recalled were material witnesses who could not be cross-examined due to the negligence of the previous counsel. It was submitted that petitioners may be put to terms for their negligence, however, recalling of prosecution witnesses was essential. Per contra, Izhar Ahmad, Additional Public Prosecutor supported the trial court’s order.

On perusal of the record, the High Court found that the petitioners did not exercise due diligence in defending themselves before the trial court and the blame was sought to be put on the previous counsel, whose name was not disclosed. Be that as it may, the Court was of the view that cross-examination of prosecution witnesses was necessary for a just decision of the case. Deeming it appropriate that petitioners be put to terms, the Court allowed their application filed under Section 311 while inflicting a cost of Rs 30,000 to be deposited with Prime Minister’s Relief Fund. [Ashok v. State, 2019 SCC OnLine Del 7059, dated 04-02-2019]

Case BriefsHigh Courts

Punjab and Haryana High Court: A Single Judge Bench comprising of Surinder Gupta, J. dismissed an appeal filed against order of the trial court whereby the application filed by the prosecution under Section 311 CrPC was allowed.

The petitioner was facing the trial under Section 18 Narcotic Drugs and Psychotropic Substances Act, 1985.  As per the prosecution, the contraband recovered from the petitioner was initially deposited with MHC Dharam Singh and was later on handed over to HC Kulwant Singh. As such, being a material witness, MHC Dharam Singh was required to be examined to complete the link evidence in the case. The petitioner argued that the prosecution had closed its evidence. Thereafter, statement of the petitioner under Section 313 was recorded. Arguments were partly heard in which the petitioner raised an issue that the link evidence was missing in the case. It was alleged that in order to fill in the lacunae, the application under Section 313 was filed by the prosecution which was allowed by the trial court vide the order impugned.

The High Court perused the facts of the case and noted that it was apparent that the trial court found MHC Dharam Singh as a material witness. The instant was not a case where the petitioner was taken by surprise as the prosecution witness (Investigating Officer) had already disclosed that the case property (contraband recovered) was deposited with MHC Dharam Singh. It was a mere lapse that he was not examined before the conclusion of the prosecution evidence. The Court was of the view that the mere fact that application was moved after arguments had been partly heard or at the stage of defence evidence, is no reason to decline such application or curtail powers of the court to summon material witness. No error was found in the order of the trial court impugned herein. Accordingly, the revision petition was dismissed holding it to be sans merit. [Satyawan v. Vikas,2018 SCC OnLine P&H 1220, dated 01-06-2018]