DEVENDRA SHARMA AND OTHERS Vs. STATE OF UTTARANCHAL AND ANOTHER
HIGH COURT OF UTTARAKHAND (FROM: NAINITAL)
Devendra Sharma and others
State of Uttaranchal and another
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P .C.VERMA, J. -
(1.)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 under Section 311 of Criminal Procedure Code, has been rejected by him on the ground that the provisions of Section 311 Cr.PC. are not meant to summon the witnesses of either party to fill the lacuna left by them.
(2.)A perusal of Section 311 Cr.PC. 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.
Thus, the reasoning given by the learned Additional Sessions Judge/Ill Fast Track Court, Dehradun, rejecting the application on the ground that the provisions of Section 311 Cr. PC. does not mean to summon the witnesses of either party to fill the lacuna is contrary to the provisions of Section 311 Cr. PC. Therefore, the order is liable to be quashed.
(3.)THE revision is allowed. The order dated 28.9.2001 is quashed. Application 120-Kha is allowed. PW. 3 Smt. Dhanwanti Devi, PW. 4 Rajesh and PW. 5 Ravi Kant shall be summoned for reexamination so that true and correct fact may come.
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