2005 (9) TMI 627

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....yagi ORDER By this petition under Section 482, Cr.P.C. petitioner has challenged the order dated 16.3.2005, dismissing the application of the petitioner under Section 311, Cr.P.C., seeking recall of the panch witnesses for examination. Prosecution allegations are that on 29.1.1988, when respondent was proceeding to Hong Kong by flight No.TG 559, Indian currency, collectively valued at Rs.....

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....ing now come to their knowledge, they were seeking to examine them. The application was declined vide order dated 16.3.2005, inter alia, on the ground that it was filed at a belated stage. This order is under challenge. Learned counsel for the petitioner argued that delay in moving the application under Section 311, Cr.P.C. was neither willful nor intentional; the panch witnesses could not be a....

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.... accused but the complainant has not produced them in the witness box. Hence, now it is duty of this court to summon these witnsses in the witness box to reach at the just conclusion. It is well-settled proposition of Law that court is not supposed to collect evidence on behalf of the parties. It is correct that complainant has not produced these Panch witnesses/Shri M.L. Grovr in the witness box.....