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2008 (10) TMI 700 - SC - Indian LawsRejection of application to recall the witnesses for cross examination - Section 311 of the Code of Criminal Procedure, 1973 - HELD THAT:- The object of Section 311 is to bring on record evidence not only from the point of view of the accused and the prosecution but also from the point of view of the orderly society. If a witness called by Court gives evidence against the complainant he should be allowed an opportunity to cross-examine. The right to cross-examine a witness who is called by a Court arises not under the provision of Section 311, but under the Evidence Act which gives a party the right to cross- examine a witness who is not his own witness. Since a witness summoned by the Court could not be termed a witness of any particular party, the Court should give the right of cross-examination to the complainant. The factual scenario in Mishri Lal's case [2005 (5) TMI 697 - SUPREME COURT] has great similarity with the facts of the present case. The High Court's view for accepting the prayer in terms of Section 311 of the Code does not have any legal foundation. In the facts of the case, the High Court ought not to have accepted the prayer made by the accused persons in terms of Section 311 of the Code. Thus, we set aside the impugned order of the High Court. The appeal is allowed accordingly.
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