TMI Blog2022 (9) TMI 996X X X X Extracts X X X X X X X X Extracts X X X X ..... dation of the justice. Section 311 Cr.P.C. is one of the provisions which assist the Court in the discovery of the truth. It is true that the power under section 311 Cr.P.C. has to be exercised judiciously for strong and valid reason with caution to meet the ends of justice. Simultaneously, the Court has the duty to give adequate opportunity to the parties to lead evidence for fair trial. After considering all facts, the petitioner is given liberty to file additional affidavit of CW-2 Anil Rajput in evidence and to place on record the documents as mentioned in the application under section 311 Cr.P.C. and to lead evidence as per the direction to be given by the concerned Trial Court - Petition disposed off. - W.P.(CRL) 1504/2019 & CRL.M.A. 11117/2019 (STAY) - - - Dated:- 19-9-2022 - HON BLE MR. JUSTICE SUDHIR KUMAR JAIN Petitioner Through: Mr. Rajiv Tyagi, Mr. Ambuj Ohja and Mr. Rohit Gupta, Advocates. Respondent Through: Mr. S.S. Ahluwalia and Mr. Mohit Bangwal, Advocates. JUDGMENT 1. The present petition is filed under section 482 the Code of Criminal Procedure,1973 (hereinafter referred to as Cr.P.C. ) read with article 226 of Constitution of India s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for permission to file supplementary affidavit in evidence for marking certain documents left out from marking as exhibits. 5. The case was fixed for hearing on 01.11.2018 and on that day an application seeking permission to file supplementary affidavit of CW-2/Anil Rajput was filed alongwith the copy of Power of Attorney. The said application was dismissed vide order dated 01.11.2018, the relevant portion of this order is reproduced as under:- This application is moved without citing any provision of law. From the facts of the application, it appears to be moved under Section 311 Cr.P.C. Through this application, complainant wants to file supplementary evidence affidavit of CW2 Sh. Anil Rajput stating that one Power of Attorney dated 18.10.2012 as Ex. CWl/A has to be exhibited along with dispatch proof of legal notice as Ex. CW1/H6. However perusal of his testimony dated 10.08.2018 shows that CW2 had specifically stated that he was not relying on document Ex. CWl/A. Under such circumstances, no permission can be given to the witness to improve his case later on. As regards; exhibition of CW1/H6 is concerned, no explanation has been given as to why the same was not exhibite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nother witness except witness who had already been examined. Further, in the present matter, the cross-examination was already closed and statement of accused has been recorded. The court had already dismissed a previous application on the same grounds on 01.11.2018. Furthermore, letter of authorization dated 25.01.2018 had already been exhibited during statement of AR. Furthermore, the AR Sh. Anil Rajput in his statement dated 10.07.2018 stated on oath that documents dated 02.03.2006 was not being relied upon. For that reason documents dated 25.09.2006 becomes inconsequential since it is based on resolution dated 02.03.2006. It is argued that through this application plaintiff wants to fulfill lacuna in this case which is not permissible. Hence, prayer is made for dismissal of the application. I have perused the record and heard arguments addressed before me. Reliance has been placed on judgment of Hon'ble Supreme Court in the case titled as Raja Ram Prasad Yadav Vs State of Bihar Anr., 2013(3) JCC 2179 . On the other hand, counsel for complainant has relied upon judgment in case titled as Ashish Services Vs State Ors.,2013 SCC Online Del 4753. At the outset, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Bihar and Anr.2013 4 SCC 461 that the parties should not be permitted to improve their case by filling application u/s 311 of Cr.P.C with the intension to fill the lacuna in the prosecution case and prayed that petition be dismissed. 10. Section 311 Cr.P.C. deals with the power of the Court to summon material witness. It reads as under:- 311. Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or. recall and re-examine any person already examined; and the Court shall summon and examine or recall and re- examine any such person if his evidence appears to it to be essential to the just decision of the case. 11. In Mohan Lal Shyamji Soni V Union of India Others, 1991 Supp. (1) SCC 271 the Supreme Court has held that the Court can entertain an Application under Section 311 of the Code of Criminal Procedure, 1973 (Section 540 of the Old Cr.P.C.) at any stage of enquiry, trial or other proceedings and a mandatory obligation is imposed on the Court if the evidence sought to be placed on record is essential for the just decision of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atil V K. Niranjan Kumar Ors, Criminal Appeal No. 267/2021 decided on 04.03.2021 by the Supreme Court, it was held as under:- 15. The object underlying Section 311 CrPC is that there may not be failure of justice on account of mistake of either party in bringing the valuable evidence on record or leaving ambiguity in the statements of the witnesses examined from either side. The determinative factor is whether it is essential to the just decision of the case. The significant expression that occurs is at any stage of any inquiry or trial or other proceeding under this Code . It is, however, to be borne in mind that the discretionary power conferred under Section 311 CrPC has to be exercised judiciously, as it is always said wider the power, greater is the necessity of caution while exercise of judicious discretion. 15. It is the duty of the Court to discover the truth and truth is the foundation of the justice. Section 311 Cr.P.C. is one of the provisions which assist the Court in the discovery of the truth. It is true that the power under section 311 Cr.P.C. has to be exercised judiciously for strong and valid reason with caution to meet the ends of justice. Simultaneo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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