{"id":261242,"date":"2022-02-05T17:00:18","date_gmt":"2022-02-05T11:30:18","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=261242"},"modified":"2022-02-11T09:47:49","modified_gmt":"2022-02-11T04:17:49","slug":"section-311-of-the-code-confers-a-wide-discretion-on-the-court-to-act-as-the-exigencies-of-justice-require","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2022\/02\/05\/section-311-of-the-code-confers-a-wide-discretion-on-the-court-to-act-as-the-exigencies-of-justice-require\/","title":{"rendered":"Law on S. 311 CrPC | Power to the Court to summon a material witness or to examine a person present in Court or to recall a witness already examined: All HC discusses"},"content":{"rendered":"

Allahabad High Court: <\/strong>Sanjay Kumar Pachori, J., while addressing a matter with regard to recalling of the witnesses expressed that, Section 311 of the Code confers a wide discretion on the Court to act as the exigencies of justice require.<\/p>\n

Present application was filed under Section 482 of the Code of Criminal Procedure was filed to quash the impugned order passed by the Additional Sessions Judge arising out of crime registered under Section 307 of the Penal Code, 1860, by which two applications filed by the applicant\/accused under Section 311 of the Code have been rejected.<\/p>\n

Analysis, Law and Discussion<\/span><\/h4>\n

High Court noted that trial Court by its order dismissed the applications for recalling the witnesses for further cross-examination and rejected the submission urged on behalf of the applicant on the ground that the defence had elaborately cross-examined.<\/p>\n

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If there is any contradiction or ambiguity in the prosecution evidence. It is a settled position of law that the accused would be entitled to benefit of the doubt.<\/span><\/p>\n<\/blockquote>\n

Trial Court\u2019s order had been assailed on two grounds:<\/p>\n