Supreme Court of India · 2006-08-14
U.T. OF DADRA & HAVELI vs FATEHSINH MOHANSINH CHAUHAN
- Citation / case number
- SC 2004/24336
- Court
- Supreme Court of India
- Petitioner
- U.T. OF DADRA & HAVELI
- Respondent
- FATEHSINH MOHANSINH CHAUHAN
- Author
- A.K. MATHUR G.P. MATHUR
- Bench
- A.K. MATHUR G.P. MATHUR
Judgment text excerpt
The Supreme Court held that the Bombay High Court erred in setting aside the order of the Sessions Judge summoning the then Collector under Section 311 Cr.P.C. The Court emphasized that Section 311 allows for the summoning of witnesses to ensure justice and ascertain the truth, particularly when the defense has not presented all available evidence. The Court reinstated the Sessions Judge's order, allowing the prosecution to summon the Collector to support its case against the accused.