Interim Order 23

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CNR No. DLCT11-000347-2022
CC No. 39/2022
FIR No. 17/2019
PS : ACB
State Vs Manish Lal
04.07.2024
Present : Sh. Girish Giri, ld. Substitute Addl. P.P. for the State.
Accused on bail.
Sh. Kuldeep Rana, ld. Counsel for the accused.
An application u/s 348 of BNNS/Section 311 Cr.P.C.
is moved on behalf of the accused seeking recall of PW2, PW11 and
PW12.
Arguments on the application heard.
Ld. Counsel for the accused submits that testimonies
of PW-2, PW-11 and PW-12, who have been cross-examined, have
many material contradictions. It is stated that there are lacunas in the
testimonies of PW2 - complainant, PW11 – RO and PW12 – IO which
have not been answered by them and therefore their further cross-
examination is necessary to contradict them with the testimony of
each other and other documents on record. Accordingly, ld. Counsel
prays for recall of PW2, PW11 and PW12 for their further cross-
examination.
On the other hand, ld. Substitute Addl.P.P. for the
State submits that PW2 Vijender (complainant), PW11 Insp. Kailash
Chand (Raiding Officer) and PW12 Insp. Brijesh Kumar Mishra (IO)
have already been cross-examined in detail by the ld. Counsel for the
accused and now ld. defence counsel wishes to further cross examine
them only to fill up the lacuna left in their cross-examination and as
such application ought to be dismissed.
It is settled proposition of law that the provisions of
section 311 Cr.P.C. are liberal in nature, however, the discretion U/s
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311 Cr.P.C. cannot be exercised to delay the trial nor to fill up the
lacuna in the case. The object underlining section 311 Cr.P.C. is that
there may not be failure of justice on account of mistake of either party
in bringing valuable evidence on record or leaving ambiguity in the
statements of witnesses examined from either side. The determinative
factor is whether it is essential to the just decision of the case. (
V.N.
Patil Vs K. Niranjan Kumar date of decision 04.03.2021 referred to).
In the present case PW2, PW11 and PW12 have been
cross-examined in detail by the ld. Defence counsel. The prosecution
evidence stands closed and the statement of accused u/s 313 Cr.P.C.
has already been recorded. The matter is now at the stage of recording
statements of defence witnesses. Moreover, no cogent reason has been
furnished for recall of the said witnesses, who have already been
cross-examined in detail. Hence, it appears that the present application
has been moved only to fill-up the lacuna left in the cross-examination
of PW2, PW11 and PW12. Accordingly, I do not find any merit in the
application and same is hereby dismissed. Application stands disposed
off.
Ld. Defence counsel seeks time to take appropriate
steps to summon the defence witnesses by filing list of defence
witnesses and PF etc.
List the case for DE on 31.07.2024.
( Deepali Sharma )
Special Judge, PC Act(ACB-01)
RADC, New Delhi.
04.07.2024
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