Whether the court can call a witness in a criminal case on an application filed by a third party U/S 311 of the CrPC?

 Whether the court can call a witness in a criminal case on an application filed by a third party U/S 311 of the CrPC?


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-52970-2022 (O&M)

Bennett Coleman and Company Limited Vs State of Haryana and others

CORAM: HON’BLE MR. JUSTICE JASGURPREET SINGH PURI

Date of Decision: 29.03.2023


In the facts and circumstances of the present case, the petitioner-Company is neither the complainant nor is a victim but is a telecasting company who had conducted a sting operation and the video was telecasted which bearing has got direct bearing upon the subject matter of the present FIR. This Court is of the view that the subject matter of the telecast goes to the root of the matter. The scope of Section 311 Cr.P.C is very wide as has been so held in a plethora of judgments as discussed above. The journalist namely Abhishek who has been summoned as a prosecution witness is not an authorized person, according to the petitioner-Company, whereas the Deputy General Manager namely Arunesh Kumar is an authorised person to issue a certificate and prove the same under Section 65-B of the Evidence Act vide Annexure P-7 which is an authorization letter. Therefore, this Court is of the view that even if the petitioner is not a victim nor complainant but he could have certainly filed application under Section 311 Cr.P.C on the basis of facts and circumstances. {Para 26}


27. It is therefore held that for the purpose of filing of application under Section 311 Cr.P.C, it is not necessary that the applicant has to be either complainant or prosecution or victim or a listed witness. The provisions of Section 311 Cr.P.C can be invoked by any other person who is able to show that the evidence of witness sought to be examined will be necessary for just decision of the case. Rather, a persual of Section 311 Cr.P.C would show that it is the duty of Court to apply its mind to ascertain as to whether testimony of person sought to be summoned is required for just decision of the case. However in such like cases, power has to be exercised in a very careful, diligent and judicious manner for which cogent and strong reasons should be recorded.


Bharath L

Advocate

High court of karnataka, Bangalore

+919844734166


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