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.