Petitioner seek a direction to the respondent to recall of witness power to be invoked to meet the ends of justice for strong and valid reasons with cautions and circumspection, and the same issue was held in the judgement passed by a single bench judge Hon’ble Dr Yogendra Kumar Srivastava, J. In the matter, Jeeshan Ansari V/s State of U.P. and Another [APPLICATION U/S 482 No. – 17844 of 2021] dealt with an issue mentioned above.
The Heard Sri M.P. Singh Yadav, holding the brief of Sri Mohammad Waseem, learned counsel for the applicant and Sri Vinod Kant, learned Additional Advocate General along with Sri Arvind Kumar, learned Additional Government Advocate appearing for the State-opposite party. The order dated 12.08.2021 dismissing the application filed by the applicant herein under Section 311 Cr.P.C. has taken notice of the fact that the examination-in-chief of PW-2 (victim) was recorded on 21.01.2021 and on the same date the counsel for the accused-applicant had cross-examined her.
On the scope of powers to be exercised under Section 311 Cr.P.C., reliance has been placed on the decision of this Court in Ajmer vs. the State of U.P.2, and also a recent decision dated 22.11.2021 in Manish vs. the State of U.P. and another. The facts as noticed by the court below in the order dated 12.08.2021 whereunder the application under Section 311 has been rejected, indicate that the examination-in-chief of the victim PW-2 was recorded on 29.01.2021 and her cross-examination was also completed by the counsel for the accused-applicant on the same date.
The court perused the facts and arguments presented The power conferred has been held to be discretionary 10 and is to enable the court to determine the truth after discovering all relevant facts and obtaining proper proof thereof to arrive at a just decision in the case. The power conferred under Section 311 is to be invoked by the court to meet the ends of justice, for strong and valid reasons and it is to be exercised with great caution and circumspection.
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Judgment reviewed by Sakshi Mishra
