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Devendra Sharma and others vs State of Uttaranchal and another

Uttarakhand High Court · Decided on 10 October 2001 · Citation: (2002) 2 UC 422

HON’BLE JUDGES
P.C.Verma, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 311
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 937 of 2001
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Judgment

4 paragraphs · 220 words

P.C. Verma, J.—This revision has been filed by the applicants against order dated 28.9.2001 passed by Additional Sessions Judge III/Fast Track Court, Dehradun in Sessions Trial No. 27 of 1997, by which application moved by the revisionists u/s 311 of Code of Criminal Procedure, has been rejected by him on the ground that the provisions of Section 311 Code of Criminal Procedure. are not meant to summon the witnesses of either party to fill the lacuna left by them.

2.

A perusal of Section 311 Cri.P.C. shows that it provides re-examination of witnesses already examined. Here in the present case also the revisionists moved application for re-examination of the witness, who had already examined.

3.

Thus, the reasoning given by the learned Additional Sessions Judge/III Fast Track Court, Dehradun, rejecting the application on the ground that the provisions of Section 311 Code of Criminal Procedure does not mean to summon the witnesses of either party to fill the lacuna is contrary to the provisions of Section 311 Code of Criminal Procedure Therefore, the order is liable to be quashed.

4.

The revision is allowed. The order dated 28.9.2001 is quashed. Application 120-Kha is allowed. P.W. 3 Smt. Dhanwanti Devi, P.W. 4 Rajesh and P.W. 5 Ravi Kant shall be summoned for reexamination so that true and correct fact may come.