Application to Lead Further Evidence by the Complainant (Section 311 CrPC) (India) by OLL
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Application u/s 311 of CrPC, to lead further evidence by the Complainant
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 against the Accused.
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 PW 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 application is used in criminal proceedings to request the court to recall a witness or examine new evidence. It is specifically designed for complainants or applicants who have discovered information essential for a fair decision in the case.
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About this template
What is this template?
This is a formal criminal court filing used to invoke the court's power to summon material witnesses or re-examine persons already in attendance. It is not a civil application or a witness statement, but a procedural request to the magistrate to admit evidence essential to a just decision.
When should you use it?
Use this filing when new evidence becomes available during a trial that necessitates the recall of a previously examined witness. The nearest alternative would be an application for the production of documents or a general affidavit of evidence if the trial stage allows.
Who it's for
- a complainant in an Indian criminal trial who has discovered new evidence against the accused
- a legal practitioner seeking to recall a prosecution witness for further examination in a Sessions Court
- a party to a criminal proceeding in Maharashtra who needs to summon a material witness
How long it runs and how it's signed
Law it's drafted under
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