ASHOK SIRPAUL Vs. CENTRAL BUREAU OF INVESTIGATION
CODE OF CRIMINAL PROCEDURE, 1973 (CrPC)
Section 311 - Power to summon material witness, or examine person present
Delhi High Court (Single Judge)
CRL.M.C., 4773 of 2016, Judgment Date: Jul 03, 2017
The whole question hinges around whether dismissing the application under Section 311 Cr.P.C. moved by the petitioner will cause grave injustice/prejudice to him? The answer is YES. However, looking into the above facts and circumstances, to avoid serious prejudice going to be caused qua against the petitioner, as the witnesses, i.e. PW1, PW13 and PW15, are the material witnesses and they have not been able to cross-examined by the petitioner due the circumstances discussed above. The right to cross-examination which leads to fair trial requires to be extended.
ASHOK SIRPAUL Vs. CENTRAL BUREAU OF INVESTIGATION