Supreme Court of India · 2011-08-03
VIJAY KUMAR vs STATE OF U.P.
- Citation / case number
- SC 2010/19493
- Court
- Supreme Court of India
- Petitioner
- VIJAY KUMAR
- Respondent
- STATE OF U.P.
- Author
- M. PANCHAL
- Bench
- J.M. PANCHAL,H.L. GOKHALE, , ,
Judgment text excerpt
The Supreme Court held that under Section 311 of the Code of Criminal Procedure, 1973, the court has the discretion to summon witnesses if their testimony is essential for the just decision of the case. The Court set aside the High Court's judgment that had refused to summon Smt. Ruchi Saxena as a court witness, emphasizing the importance of her testimony regarding the ownership of the agricultural land and the alleged bribery incident. The Court directed the Special Judge, Bareilly to summon and examine Smt. Ruchi Saxena as a witness, thereby allowing the appeal.