Supreme Court of India · 2011-08-03
Vijay Kumar vs State Of U.P. & Anr
- Citation / case number
- 2011 AIR SCW 6236
- Court
- Supreme Court of India
- Petitioner
- Vijay Kumar
- Respondent
- State Of U.P. & Anr
- Author
- J.M. Panchal
- Bench
- H.L. Gokhale, J.M. Panchal
Judgment text excerpt
The Supreme Court upheld the High Court's decision to summon Smt. Ruchi Saxena as a court witness under Section 311 of the Code of Criminal Procedure, 1973, emphasizing the necessity of her testimony for the just resolution of the case. The Court clarified that the refusal to summon a witness can impede the pursuit of truth and justice, thereby reinforcing the importance of witness examination in criminal proceedings. The appeal was allowed, and the order of the Special Judge was set aside, directing the summoning of the witness.