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2011 (8) TMI 1354 - SC - Indian LawsChallenging the HC order - Direction for summon and examine court witness u/s 311 of the CrPC - HELD THAT:- The case of the prosecution is simple that in order to settle the matter relating to construction of boundaries on the disputed property, which is being supervised by the Appellant who is father of Smt. Ruchi Saxena, the Respondent No. 2 and another accused had demanded a sum of ₹ 2 lacs as bribe amount from the Appellant as a result of which the Appellant had filed complaint pursuant to which a trap was laid and accused were arrested while receiving an amount of ₹ 50,000/- as part payment of the bribe amount of ₹ 2 lacs. As is evident from the facts of the case after success of the trap, FIR in the case was lodged. After framing of charge and commencement of trial several witnesses were examined by the prosecution, who had been cross-examined by the accused. The record nowhere shows that any complaint was filed by Smt. Ruchi Saxena against any of the accused making grievance that they had demanded any bribe amount from her. Smt. Ruchi Saxena had nothing to do with the bribe case either as a complainant or as a witness to the trap arranged by the police. Her name did not figure as one of the witnesses to be examined by the prosecution when charge-sheet was submitted in the court of learned Special Judge. The HC without specifying as to how Smt. Ruchi Saxena is a material witness or how her evidence is essential for just decision of the case, has directed the learned Special Judge to summon Smt. Ruchi Saxena as a court witness u/s 311 of the CrPC and to examine her. There is no manner of doubt that the power u/s 311 of the CrPC is exercised arbitrarily and, therefore, the impugned judgment is liable to be set aside.
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