Supreme Court of India
Ag v. Shiv Kumar Yadav &anr.
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3 Supreme Court benches have cited this judgment.
From the headnote
Code of Criminal Procedure, 1973- s. 311 - Power to c summon material witness, or examine person present -_ Matter pertaining to commission of rape - Application u/s. 311 "for recall of prosecution witnesses, at the stage when statement of accused has been recorded - Plea raised that the defence counsel was not competent and had not 0 effectively cross-examined the witnesses - Held: Recall could be permitted if essential for the just decision - Recall is not a matter of course and discretion given to the court has to be exercised judiciously to prevent failure of justice - Instant case is in
Authorities it was built on
- 2005 State (n.c.t. of Delhi) v. Navjot Sandhu@afsan Guru
- 2004 Zahira Habibulla H Sheikh and Anr. v. State of Gujarat and Ors.
- 1978 Madray Hayawadanrao Hoskot v. State of Maharashtra
- 2007 Rakesh Kumar Jain and Anr. v. Stateof U.P. Thr. Collector and Anr.
- 1996 The State of Punjab v. Gurmit Singh Anr Ors.
- 1979 Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar, Govt. of Bihar. Patna
- 1967 Jamatraj Kewalji Govani v. The State of Maharashtra
- 2012 Maria Margarida Sequeria Fernandes and Others v. Erasmo Jack De Sequeria(dead) through L.rs.
- 2002 Devender Pal Singh v. State N.C.T. of Delhi and Anr.
- 2012 Dayal Singh & Ors. v. State of Uttaranchal
- 1991 Mohan Lal Shamlal Soni v. Union of India and Another
- 2015 Vinod Kumar v. State of Punjab
- 2010 Ritesh Tewari & Anr. v. State of U.P. & Ors.
- 1981 Ram Chander v. State of Haryana
- 2012 Mohd. Hussain @ Julfikar Ali v. The State (govt. of Nct) Delhi
- 2013 Sister Mina Lalita Baruwa v. State of Orissa and Others
- 2013 Selvi J. Jayalalithaa & Ors. v. State of Karnataka & Ors.
- 2013 Natasha Singh v. Cbi (state)
- 2006 Jasbir Singh v. St Ate of Punjab
- 2012 P. Sanjeeva Rao v. The State of A.P.
- 2012 Sudevanand v. State through Cbi
- 1997 State of Raiasthan v. Ani @ Hanif and Ors.
- 2011 Vijay Kumar v. State of U.P. and Ors.
- 2013 Rajaram Prasad Yadav v. State of Bihar & Anr.
- 1974 Raghunandan v. State of U.P.
- 2000 Swaran Singh Etc. Etc. v. State of Punjab
- 1994 Delhi Domestic Working Women's Forum v. Union of India and Ors.
- 2008 Hardeep Singh v. State of Punjab & Ors.
- 1965 Rajeswar Prosad Misra v. State of West Bengal & Anr.
- 2012 Akil@ Javed v. State of Nct of Delhi
- 2006 U.T. of Dadra & Haveli and Anr. v. Patel Sinh Mohansinh Chauhan
- 2007 Iddar and Ors. v. Aabida and Anr.
- 1990 Kishore Chand v. State of Himachal Pradesh
- 2007 Rama Paswan and Ors. v. State of Jharkhand
- 2001 Shailendra Kumar v. State of Bihar and Ors.
Where later benches applied it
- 2017 Ratanlal v. Prahlad Jat & Ors.
- 2023 State of Rajasthan v. Asharam @ Ashumal
- 2016 State of Haryana v. Ram Mehar & Others Etc. Etc.
Of those, 1 relied on · 2 referred to
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