LAWS(UTN)-2010-6-78

GOVIND LAL Vs. STATE OF UTTARAKHAND

Decided On June 16, 2010
GOVIND LAL S/O AUSANU Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) THIS revision is directed against judgment and order dated 10.04.2007, passed by Sessions Judge, Chamoli, in Criminal Revision No. 14 of 2007, whereby, said court has set aside the order dated 13.03.2007 passed by Chief Judicial Magistrate, Chamoli in Criminal Complaint Case No. 252 of 2001. The second Criminal Revision is not maintainable at the instance to same party, but this revision has been filed by the party who was opposite party before the Sessions Judge.

(2.) HEARD learned counsel for the parties, and perused the papers on record.

(3.) THE above provision makes it clear that it empowers the court to summon a witness or to examine a person present in the court at any stage of inquiry or trial. THE Section 311 further empowers to recall or re- examine the witness already examined. But it nowhere empowers the Court to accept documentary evidence of the prosecution after evidence has already being closed'.