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august 2006

Supreme Court of India · 2006-08-14

U.T. Of Dadra & Haveli & Anr vs Fatehsinh Mohansinh Chauhan

Citation / case number
2006 AIR SCW 4840
Court
Supreme Court of India
Petitioner
U.T. Of Dadra & Haveli & Anr
Respondent
Fatehsinh Mohansinh Chauhan
Author
G. P. Mathur
Bench
G.P. Mathur, A.K. Mathur

Judgment text excerpt

The Supreme Court held that the invocation of Section 311 Cr.P.C. allows the court to summon witnesses to ensure justice is served, particularly when the evidence is crucial for determining the truth. The Court found that the prosecution's request to summon the then Collector, who could provide evidence regarding the accused's alibi, was justified and did not infringe upon the rights of the accused. The Bombay High Court's order setting aside the Sessions Judge's decision was overturned, allowing the summoning of the witness.

U.T. Of Dadra & Haveli & Anr vs Fatehsinh Mohansinh Chauhan · Niyam