Case Note & Summary
The applicant, Ajay Kumar, filed a Criminal Revision Application before the Bombay High Court, Nagpur Bench, challenging the order dated 07.03.2026 passed by the Special Judge, Special Court for CBI, Nagpur, rejecting his application under Section 311 of the Code of Criminal Procedure, 1973 (CrPC). The applicant sought to summon the Superintendent of CBI (ACB), Nagpur and the Director of Central Forensic Science Laboratory (CFSL), CBI, New Delhi as defence witnesses. The application was filed after the recording of the statement under Section 313 CrPC but before the delivery of judgment. The applicant argued that these witnesses were material for a just decision and that their examination would not prejudice the prosecution. The non-applicant (CBI) opposed the application, contending that it was an attempt to prolong the trial and fill lacunae in defence evidence, as a Senior Scientific Officer of CFSL had already been examined and cross-examined. The High Court, after hearing both sides, observed that the power under Section 311 CrPC is wide and can be exercised at any stage before judgment to secure a just decision. The court noted that the delay in filing the application was due to lack of communication between counsel and client, and that the application was filed before final arguments. The court held that rejection of the application would deprive the defence of a fair trial. Consequently, the revision application was allowed, the impugned order was set aside, and the application under Section 311 CrPC was allowed subject to payment of costs of Rs. 10,000/- to the CBI Legal Aid Fund, with a direction to the Trial Court to expedite the trial.
Headnote
A) Criminal Procedure - Summoning of Witnesses - Section 311 CrPC - Just Decision - The applicant sought to summon two witnesses (Superintendent of CBI and Director of CFSL) as defence witnesses after recording of Section 313 CrPC statement but before final arguments. The Trial Court rejected the application. The High Court held that the power under Section 311 CrPC is wide and can be exercised at any stage before judgment to secure a just decision. The rejection was set aside and the application was allowed, subject to costs of Rs. 10,000/- payable to the CBI Legal Aid Fund. (Paras 1-6) B) Criminal Procedure - Fair Trial - Right to Defence - Denial of opportunity to examine material witnesses would amount to denial of fair trial. The court must ensure that all necessary evidence is brought on record to arrive at a just decision. (Paras 3-5)
Issue of Consideration
Whether the Trial Court erred in rejecting the application under Section 311 CrPC for summoning the Superintendent of CBI (ACB), Nagpur and Director of CFSL, New Delhi as defence witnesses, filed after recording of Section 313 CrPC statement but before delivery of judgment.
Final Decision
The Criminal Revision Application is allowed. The impugned order dated 07.03.2026 is set aside. The application under Section 311 CrPC (Exh. 272) is allowed subject to payment of costs of Rs. 10,000/- to the CBI Legal Aid Fund. The Trial Court is directed to expedite the trial.
Law Points
- Section 311 CrPC
- summoning of witnesses
- just decision of case
- fair trial
- delay in filing application
- discretion of court
