Section 311 of The Code of Criminal Procedure, 1973 III

Posted on by Rudrajyoti Nath Ray

Court is vested with a broad and wholesome power, in terms of Section 311, to summon and examine or recall and re-examine any material witness at any stage and closing of prosecution evidence is not an absolute bar. Court is not a hapless bystander in derailment of justice. Court has a vital role to discharge in ensuring, cause of discovering truth as an aid in realization of justice is manifest.

Zahira Habibulla H. Sheikh v. State of Gujarat, (2004) 4 SCC 158 explained, Court cannot afford to be wishfully or blissfully ignorant or oblivious to serious pitfalls or dereliction of duty on part of prosecuting agency.  

– Hon’ble Justice Dr. D.Y. Chandrachud, Varsha Garg v. State of Madhya Pradesh, [Criminal Appeal No. 1021 of 2022].

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