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september 2015

Supreme Court of India · 2015-09-10

AG vs SHIV KUMAR YADAV

Citation / case number
SC 2015/7378
Court
Supreme Court of India
Petitioner
AG
Respondent
SHIV KUMAR YADAV
Author
ADARSH KUMAR GOEL
Bench
ADARSH KUMAR GOEL JAGDISH SINGH KHEHAR

Judgment text excerpt

The Supreme Court addressed the issue of recalling witnesses after the statement of the accused under Section 313 of the Cr.P.C. was recorded. The Court held that the High Court's decision to allow the recall of witnesses was erroneous, emphasizing that the power to recall witnesses must be exercised judiciously and not merely for the sake of ensuring a fair trial. The Court ultimately set aside the High Court's order, reinforcing the principle that the right to a fair trial must be balanced with the integrity of the judicial process as outlined under Article 21 of the Constitution.

AG vs SHIV KUMAR YADAV · Niyam