Revision against S. 311 CRPC order rejecting application for new witness calling

[Anonymous]

The Magistrate court has rejected our application under S. 311 of the CRPC for permission to call a new witness as his evidence is necessary for our private complaint case. Now, where should we file revision against this? High Court or Session Court?

[Dr. Ashok Dhamija]

An order passed under Section 311 of the Criminal Procedure Code rejecting the application for calling a new witness is supposed to be an interlocutory order against which there is no provision for filing a revision application [see, Supreme Court decision: Sethuraman v. Rajamanickam, (2009) 5 SCC 153 : 2009 Cri LJ 2247].

Therefore, you cannot file revision against such rejection under Section 311 of Cr.P.C.

However, you can file an application under Section 482 of the Cr.P.C. to the high court against such rejection. The high court can pass an appropriate order in the matter in exercise of its inherent powers to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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