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august 2011

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.

VIJAY KUMAR vs STATE OF U.P. · Niyam