Supreme Court · 2014 INSC 466 · Decided 3 July 2014
Mannan SK & ORS. v. State of West Bengal & ANR.
- Court
- Supreme Court of India
- Citation
- 2014 INSC 466 · [2014] 8 S.C.R. 155
- Case number
- CRIMINAL APPEAL No. 1307/2014
- Decided
- 3 July 2014
- Bench
- RANJANA PRAKASH DESAI, N.V. RAMANA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 3, 4; CrPC Section 311
Headnote
Code of Criminal Procedure, 1973 - s.311 - Power under - To recall a witness - Scope of - Held: The Court can recall A B or re-examine a witness for just decision of the case - Since C the power uls. 311 is very wide, its exercise has to be done with circumspection - The exercise of the power must at a just decision - It should not cause prejudice to the accused - Whether recall is for filling-up a lacuna or it is for just decision, is to be determined o by the Court on the facts of each case - In the facts of the present case, recalling is necessary and will not prejudice the accused
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