DEVENDRA SHARMA AND OTHERS Vs. STATE OF UTTARANCHAL AND ANOTHER
LAWS(UTN)-2001-1-8
HIGH COURT OF UTTARAKHAND (FROM: NAINITAL)
Decided on January 03,2001

Devendra Sharma and others Appellant
VERSUS
State of Uttaranchal and another Respondents

JUDGEMENT

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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