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    <title>2021 (7) TMI 1449 - BOMBAY HIGH COURT</title>
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    <description>Section 311 CrPC gives the trial court wide power to summon, recall or re-examine witnesses at any stage, but that power cannot be used to fill lacunae in the prosecution case. Where prosecution evidence had closed, the accused had been examined under Section 313, written arguments had been filed, and the matter was fixed for judgment, recalling witnesses to prove the memory card would amount to curing a defect in the prosecution evidence and prejudice the accused. In those facts, the High Court held the invocation of Section 311 impermissible and the recall order liable to be quashed.</description>
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      <title>2021 (7) TMI 1449 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=313379</link>
      <description>Section 311 CrPC gives the trial court wide power to summon, recall or re-examine witnesses at any stage, but that power cannot be used to fill lacunae in the prosecution case. Where prosecution evidence had closed, the accused had been examined under Section 313, written arguments had been filed, and the matter was fixed for judgment, recalling witnesses to prove the memory card would amount to curing a defect in the prosecution evidence and prejudice the accused. In those facts, the High Court held the invocation of Section 311 impermissible and the recall order liable to be quashed.</description>
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      <pubDate>Tue, 13 Jul 2021 00:00:00 +0530</pubDate>
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