Application to Lead Further Evidence by the Accused (Section 311 CrPC) (India) by OLL
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Application section 311 of CrPC, 1973 to lead further evidence by accused
BEFORE THE METROPOLITAN MAGISTRATES / MAGISTRATES COURT AT _______
OR
HON’BLE SESSIONS COURT AT ______
C.C. No. ……….. of 20___
ABC Applicant
Versus
The State of Maharashtra
(through XYZ Police station)
APPLICATION U/S 311 OF CrPC, 1973, PRAYING FOR RECALL OF WITNESSES
MAY IT PLEASE YOUR HONOUR
The Applicant hereinbefore beg to state as under –
The Applicant is in possession of some new evidences to prove his innocence.
The said new evidence is indispensable for the just decision of the case.
In view of this, the Hon’ble Court, in the interest of justice, be pleased to recall the DW for further examination, and oblige.
FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY FOR
Dated this _____ Day of _______, 20___
ABC
Applicant
XYZ
Advocate for the
Applicant
Section 311: Power to summon material witness, or examine person present: Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.
This template provides a formal application under Section 311 of the Code of Criminal Procedure, 1973, allowing an accused person to request the court to recall witnesses or lead further evidence. It is designed to be used when new evidence is discovered that is essential for a fair decision in a criminal trial.
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About this template
What is this template?
This is a formal criminal court filing used in Indian magistrate or sessions courts. It specifically requests the recall of witnesses under Section 311 of the CrPC and is not a general bail application or a witness summons. It includes a specific prayer for the recall of defense witnesses to ensure a just decision of the case.
When should you use it?
Use this filing when a trial is ongoing and new evidence has emerged that requires a witness to be brought back to the stand for further questioning. Use a Section 91 application instead if you only need the court to compel the production of documents rather than oral testimony.
Who it's for
- an accused person in an Indian criminal trial possessing new evidence to prove innocence
- a legal representative seeking to recall a defense witness for further examination under Section 311 CrPC
How long it runs and how it's signed
Law it's drafted under
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