Supreme Court · 2006 INSC 509 · Decided 14 August 2006
U.T. of Dadra & Haveli and ANR. v. Patel Sinh Mohansinh Chauhan
- Court
- Supreme Court of India
- Citation
- 2006 INSC 509 · [2006] SUPP. 4 S.C.R. 522
- Case number
- CRIMINAL APPEAL No. 834/2006
- Decided
- 14 August 2006
- Bench
- G.P. MATHUR, A.K. MATHUR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 311, 313, 227, 173, 161, 207, 190(l)(b); CPC Section 311; Constitution Article 227
Headnote
Code of Criminal Procedure, 1973: Section 311-Material witness-Summoning of-Power of Court-When C amounts to filling of a lacuna in the prosecution case-Plea of alibi­ Accused was assigned the role of instigation in an incident-In his statement under S. 313 Cr.P.C. the accused took a plea of of the Collector as a meeting had been called there-The Special Public Prosecutor moved an application D under S. 311 Cr.P.C. for summoning the Collectur to be examined as a witness-Sessions Judge allowed the applic:ation-But the High Court set aside the order holding that summoning the Collector
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