Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the order allowing an application to bring an undertaking on record under Section 311 of the Code of Criminal Procedure, 1973 suffered from illegality or infirmity warranting interference under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973.
Analysis: The undertaking sought to be placed on record contained an express admission regarding receipt of loan amounts, making it relevant to the complaint proceedings. The power under Section 311 is discretionary and is to be exercised judiciously to enable the court to bring on record the best available evidence for proper adjudication. Once the trial court has exercised such discretion, supervisory jurisdiction does not permit substitution of a different view merely because the matter is at an advanced stage, particularly when no prejudice to the opposite side is shown and the party retains the right of cross-examination. The court also noted that admissions, once made, need not be separately proved.
Conclusion: The order allowing the application under Section 311 of the Code of Criminal Procedure, 1973 was upheld and no interference was called for.
Final Conclusion: The petition was not maintainable on merits and the impugned order permitting additional evidence to be placed on record remained undisturbed.
Ratio Decidendi: Interference under supervisory jurisdiction is unwarranted where the trial court has judiciously exercised discretion to admit relevant material under Section 311 of the Code of Criminal Procedure, 1973, absent demonstrated prejudice.