ITEM NO.10 COURT NO.14 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 10235/2022 (Arising out of impugned final judgment and order dated 22-11-2017 in CRLA No. 309/2013 passed by the High Court of Judicature at Bombay at Aurangabad) MADHAV Petitioner(s) VERSUS THE STATE OF MAHARASHTRA Respondent(s) (FOR ADMISSION and I.R. and IA No.85106/2022-CONDONATION OF DELAY IN FILING and IA No.85108/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 14-07-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE BELA M. TRIVEDI For Petitioner(s) Mr. Suryanarayana Singh, Sr. Adv. Mr. Brij Bhushan, AOR For Respondent(s) UPON hearing the counsel, the Court made the following O R D E R As the special leave petition has been preferred by the petitioner, who is incarcerated, we condone the delay. However, we do not find any good ground and reason to interfere with the impugned judgment and hence, the special leave petition is dismissed. We also consider it appropriate to record that in this case the trial court rightly exercised power under Section 311 of the Code of Criminal Procedure, 1973 and recorded the depositions of six eye-witnesses as court witnesses. This was necessary to ascertain and bring on record evidence for the just and fair disposal of the criminal prosecution. Pending application(s), if any, stand disposed of. (BABITA PANDEY) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR
MADHAV v. THE STATE OF MAHARASHTRA
Supreme Court of India | Diary 10235/2022
Status
ROP - of Main Case
Decided On
14-07-2022
Bench
HON'BLE MR. JUSTICE SANJIV KHANNA and HON'BLE MS. JUSTICE BELA M. TRIVEDI
Petitioner
MADHAV
Respondent
THE STATE OF MAHARASHTRA
Primary Holding
Recalling or summoning any witness at any stage of trial under Section 311 CrPC is proper when essential to the just and fair disposal of the case, including examining key eye-witnesses as court witnesses.