S K GARG Vs. CBI
LAWS(UTN)-2012-2-12
HIGH COURT OF UTTARAKHAND
Decided on February 22,2012

S K GARG Appellant
VERSUS
CBI Respondents

JUDGEMENT

PRAFULLA C.PANT, J. - (1.) HEARD .
(2.) THIS revision is directed against order dated 14.2.2012, passed by Special Judge, Anti Corruption (CBI) at Dehradun in Case No. 3 of 2003, CBI v. Chandra Dutt and Ors.,. whereby said Court has rejected the application of the revisionist under Section 311 of Cr.P.C. Learned Counsel for the revisionist submitted that the order passed by the Trial Court on the. application moved under Section 311 of Cr.P.C. is erroneous in law.
(3.) SECTION 311 of Cr.P.C. empowers the Court to summon or examine any person in attendance or to recall or re-examine any person, already examined, if his evidence is essential to the just decision of the case. I agree with the learned Counsel for the revisionist only to the extent that the trial Court has power to recall or reexamine a witness, already examined, but this Court is of the view that the power to recall the examined witness is not to be exercised lightly, or in a routine manner. If the power under Section 311 of Cr.P.C. is examined lightly, this would encourage winning over of the witnesses and frustrate the object of fair trial.;


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