TaxTMI 
TaxTMI 
2017 (9) TMI 1983
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.....P.C. for re-recording their statements on the ground that the previous statements were made under the influence of the police. In the applications, the witnesses have stated that respondent Nos.1 and 2 had no role in the incident. 3. The Sessions Judge by the order dated 24.4.2012, dismissed the applications observing that the 28 witnesses had already been examined in the case so far. The witnesses were also cross-examined at length and it cannot be said that they were in any kind of pressure and that the applications were filed with a view to favour the accused persons. Prahlad Jat and Mahavir, the two accused persons, moved the petition before the High Court for quashing the said order and the High Court has allowed the applications of PW4 and PW5. 4. Learned counsel for the appellant, urged that PW4 and PW5 were examined in the Court on different dates in the months of November and December 2010 and in March 2011. Out of total 35 witnesses, 28 witnesses have already been examined and they were cross-examined at length. PWs 4 and 5 filed applications before the trial court for further examination on 27.2.2012 and 26.3.2012 respectively. During police investigation and examinat....
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....are without any merit and presented with the intention to provide assistance to the accused persons, due to which, the same are not liable to be admitted. Resultant, the above presented both applications dated 27.02.2012 and 26.03.2012 under section 311 CrPC on behalf of the applicants are not liable to be admitted, therefore, the same are dismissed". This order of the Sessions Judge has been set aside by the High Court. 7. Having regard to the contentions urged, the first question for consideration is whether the appellant has locus standi to challenge the order of the High Court. 8. In Black's Law Dictionary, the meaning assigned to the term 'locus standi' is 'the right to bring an action or to be heard in a given forum'. One of the meanings assigned to the term 'locus standi' in Law Lexicon of Sri P.Ramanatha Aiyar, is 'a right of appearance in a Court of justice'. The traditional view of locus standi has been that the person who is aggrieved or affected has the standing before the court, that is to say, he only has a right to move the court for seeking justice. The orthodox rule of interpretation regarding the locus standi of a person to reach the Court has undergone a sea c....
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....hittled down, circumscribed or fettered by putting it into a strait-jacket formula of locus standi unknown to criminal jurisprudence, save and except specific statutory exception". 10. In Manohar Lal v. Vinesh Anand & Ors. (2001) 5 SCC 407, this Court has held that doctrine of locus standi is totally foreign to criminal jurisprudence. To punish an offender in the event of commission of an offence is to subserve a social need. Society cannot afford to have a criminal escape his liability since that would bring about a state of social pollution which is neither desired nor warranted and this is irrespective of the concept of locus. 11. In Arunachalam v. P.S.R. SADHANANTHAM & ANR. (1979) 2 SCC 297, this Court has considered the competence of a private party, as distinguished from the State to invoke the jurisdiction of this Court under Article 136 of the Constitution against a judgment of acquittal by the High Court. It was held that appellate power vested in the Supreme Court under Article 136 of the Constitution is not to be confused with ordinary appellate power exercised by appellate courts and appellate tribunals under specific statutes. Article 136 of the Constitution vests th....
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....omiscuously 'provoke' this jurisdiction, the court parsimoniously invokes the power. Moreover, the court may not, save in special situations, grant leave to one who is not eo nomine a party on the record. Thus, procedural limitations exist and are governed by well-worn rules of guidance". 13. In Ramakant Rai v. Madan Rai & Ors. (2003) 12 SCC 395, and Esher Singh v. State of A.P. (2004) 11 SCC 585, it was held that the Supreme Court can entertain appeals against the judgment of acquittal by the High Court at the instance of interested parties also. The circumstance that Criminal Procedure Code does not provide for an appeal to the High Court against an order of acquittal by a subordinate court at the instance of a private party has no relevance to the question of power of Supreme Court under Article 136. 14. In Amanullah and Anr. v. State of Bihar and Ors. (2016) 6 SCC 699, this Court has held that the aggrieved party cannot be left to the mercy of the State to file an appeal. It was held as under :- "19...... Now turning our attention towards the criminal trial, which is conducted, largely, by following the procedure laid down in CrPC. Since, offence is considered to be a wrong....
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.... do justice not only from the point of view of the accused and the prosecution but also from the point of view of an orderly society. This power is to be exercised only for strong and valid reasons and it should be exercised with caution and circumspection. Recall is not a matter of course and the discretion given to the court has to be exercised judicially to prevent failure of justice. Therefore, the reasons for exercising this power should be spelt out in the order. 18. In Vijay Kumar v. State of Uttar Pradesh and Anr., (2011) 8 SCC 136, this Court while explaining scope and ambit of Section 311 has held as under:- "Though Section 311 confers vast discretion upon the court and is expressed in the widest possible terms, the discretionary power under the said section can be invoked only for the ends of justice. Discretionary power should be exercised consistently with the provisions of CrPC and the principles of criminal law. The discretionary power conferred under Section 311 has to be exercised judicially for reasons stated by the court and not arbitrarily or capriciously". 19. In Zahira Habibullah Sheikh (5) and Anr. v. State of Gujarat and Others, (2006) 3 SCC 374, this Co....
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....ed". 21. The delay in filing the application is one of the important factors which has to explained in the application. In Umar Mohammad & Ors. v. State of Rajasthan, (2007) 14 SCC 711, this Court has held as under:- "Before parting, however, we may notice that a contention has been raised by the learned counsel for the appellant that PW 1 who was examined in Court on 5-7-1994 purported to have filed an application on 1-5-1995 stating that five accused persons named therein were innocent. An application filed by him purported to be under Section 311 of the Code of Criminal Procedure was rejected by the learned trial Judge by order dated 13-5-1995. A revision petition was filed thereagainst and the High Court also rejected the said contention. It is not a case where stricto sensu the provisions of Section 311 of the Code of Criminal Procedure could have been invoked. The very fact that such an application was got filed by PW 1 nine months after his deposition is itself pointer to the fact that he had been won over. It is absurd to contend that he, after a period of four years and that too after his examination-in-chief and cross-examination was complete, would file an application....