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Criminal · Reportable judgment

Satbir Singh vs State of Haryana & Ors.

Court
Supreme Court of India
Date
29 August 2023
Case No.
Criminal Appeal No. 2634 of 2023
Result
Allowed
Bench
Ahsanuddin Amanullah, Sarasa Venkatanarayana Bhatti
Citation
[2023] 11 S.C.R. 723 : 2023 INSC 786
Supreme Court Reports [2023] 11 S.C.R. 723 : 2023 INSC 786
Issue for consideration
Courts below, if justified in rejecting the application of the appellant u/s.311, CrPC for his recall as a witness in the trial for further examination.
Headnote

Code of Criminal Procedure, 1973 – s.311 – Power under – Exercise of – Appellant filed complaint that the accused-ex-employees of his company had stolen company data and used it to manufacture equipment, which was manufactured by his company – Evidence of the appellant was recorded before the CFSL Report came – Though, the CFSL expert in his examination described the data found on the hard disk(s) of the accused but there was no reference as to the comparison of the two sets of data – Application filed by appellant u/s.311, rejected – Legality:

Held: Discretionary power like s.311 is to enable the Court to keep the record straight and to clear any ambiguity regarding the evidence, whilst also ensuring no prejudice is caused to anyone – It should be invoked when it is essential for the just decision of the case – On facts, the request for recall of the appellant u/s.311 was justified, as at the relevant point of time in his initial deposition, there was no occasion for him to bring the relevant facts relating to similarity of data before the Court, which arose after the CFSL expert was examined – Orders of the Courts below set aside – Application of the appellant u/s.311 for his recall to be further examined as a witness allowed. [Paras 10-12, 14]

LIST OF CITATIONS AND OTHER REFERENCES

Ratanlal v. Prahlad Jat (2017) 9 SCC 340 : [2017] 8 SCR 682; Manju Devi v. State of Rajasthan (2019) 6 SCC 203 : [2019] 6 SCR 68; Swapan Kumar Chatterjee v. Central Bureau of Investigation, (2019) 14 SCC 328 : [2019] 3 SCR 713; Harendra Rai v State of Bihar 2023 SCC OnLine SC 1023 – relied on.

OTHER CASE DETAILS INCLUDING IMPUGNED

ORDER AND APPEARANCES

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

JUDGMENT / ORDER OF THE SUPREME COURT JUDGMENT AHSANUDDIN AMANULLAH, J. Heard learned counsel appearing for the parties. 2. Leave granted. 3. The present appeal has been filed against the order dated 14.12.2021 in CRMM No.40058/2021 (hereinafter referred to as the “Impugned Order”) passed by the High Court of Punjab & Haryana at Chandigarh (hereinafter referred to as the “High Court”), by which the prayer for recall of the appellant as a witness in the trial before the Court below for further examination has been rejected. 4. The brief facts relating to the case are that the appellant ma
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