Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2019 (4) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (4) TMI 2152 - SC - Indian LawsSeeking summoning of one Dr. I. Yusuf (who had conducted first postmortem of the dead-body of the Appellant's daughter in Nigeria) through High Commission of Nigeria or to record his evidence through video-conferencing, after issuing a commission for the purpose - Section 311 of the Code of Criminal Procedure (CrPC) - HELD THAT:- It is difficult to approve the orders impugned; and it appears just and proper that the application moved in this matter Under Section 311 Code of Criminal Procedure be allowed with direction to the Trial Court to ensure that the testimony of the doctor conducting first post-mortem comes on record. It needs hardly any emphasis that the discretionary powers like those Under Section 311 Code of Criminal Procedure are essentially intended to ensure that every necessary and appropriate measure is taken by the Court to keep the record straight and to clear any ambiguity in so far as the evidence is concerned as also to ensure that no prejudice is caused to anyone. The principles underlying Section 311 Code of Criminal Procedure and amplitude of the powers of the Court thereunder have been explained by this Court in several decisions. The Trial Court disposed of the application Under Section 311 Code of Criminal Procedure on entirely irrelevant considerations and the High Court also failed to exercise its jurisdiction Under Section 482 Code of Criminal Procedure while overlooking and ignoring the material and relevant aspects of the case. In our view, the said application Under Section 311 Code of Criminal Procedure deserves to be allowed. This appeal is allowed in the manner and to the extent that the impugned orders dated 31.05.2018 and 02.08.2018 are set aside and the application moved in this matter Under Section 311 Code of Criminal Procedure is allowed.
|