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TMI Blog2017 (9) TMI 1983X X X X Extracts X X X X X X X X Extracts X X X X ..... d the prosecution but also from the point of view of an orderly society. This power is to be exercised only for strong and valid reasons and it should be exercised with caution and circumspection. Recall is not a matter of course and the discretion given to the court has to be exercised judicially to prevent failure of justice. Therefore, the reasons for exercising this power should be spelt out in the order. Coming to the facts of the present case, PWs 4 and 5 were examined between 29.11.2010 and 11.3.2011. They were cross-examined at length during the said period. During the police investigation and in their evidence, they have supported the prosecution story. The Sessions Judge has recorded a finding that they were not under any pressure while recording their evidence. After a passage of 14 months, they have filed the application for their re-examination on the ground that the statements made by them earlier were under pressure. They have not assigned any reasons for the delay in making application. It is obvious that they had been won over - there are no reasons to allow such an application. The Sessions Judge, therefore, was justified in rejecting the application. In our vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lications have been filed with an intention to provide assistance to the accused persons which cannot be permitted in law. The applications are highly belated and no reason, whatsoever, has been assigned for the delay. Therefore, the High Court was not justified in setting aside the well-reasoned order of the Sessions Judge. 5. On the other hand, learned counsel appearing for respondent No.4 submits that the appellant has no locus standi to file this appeal. It is contended that the Sessions Judge has ample power to examine or re-examine any witness under Section 311 of the Cr.P.C. to bring on record the best possible evidence to meet the ends of justice. Keeping this principle in mind the High Court has allowed the petition. Learned counsel appearing for the third respondent has supported the case of the appellant. We have carefully considered the arguments of the learned counsel made at the Bar. 6. The appellant is the paternal brother of the deceased and is one of the prosecution witnesses. The evidence of PW4 and PW5 was recorded on different dates in the months of November and December 2010 and in March 2011. Both of them had supported the case of the prosecution. After ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tutional Courts have been adopting a liberal approach in dealing with the cases or dislodging the claim of a litigant merely on hyper-technical grounds. It is now well-settled that if the person is found to be not merely a stranger to the case, he cannot be non-suited on the ground of his not having locus standi. 9. However, criminal trial is conducted largely by following the procedure laid down in Cr.P.C. Locus standi of the complaint is a concept foreign to criminal jurisprudence. Anyone can set the criminal law in motion except where the statute enacting or creating an offence indicates to the contrary. This general principle is founded on a policy that an offence, that is an act or omission made punishable by any law for the time being in force, is not merely an offence committed in relation to the person who suffers harm but is also an offence against the society. Therefore, in respect of such offences which are treated against the society, it becomes the duty of the State to punish the offender. In A.R. Antulay v. Ramdas Sriniwas Nayak Anr. (1984) 2 SCC 500, a Constitution Bench of this Court has considered this aspect as under:- In other words, the principle that a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r all Courts and Tribunals in India. The power is plenary in the sense that there are no words in Article 136 itself qualifying that power. But, the very nature of the power has led the Court to set limits to itself within which it has to exercise such power. The power is vested in the Supreme Court but the right to invoke the Court s jurisdiction is vested in no one. The exercise of the power of the Supreme Court is not circumscribed by any limitation as to who may invoke it. The Court found that the judgment of acquittal by the High Court has led to serious miscarriage of justice. Therefore, it was held that Supreme Court cannot refrain from doing its duty and abstain from interfering on the ground that a private party and not the State has invoked the Court s jurisdiction. 12. The accused in Arunachalam (supra) had filed a writ petition under Article 32 contending that the Supreme Court has no power to grant special leave to the brother of the deceased. This writ petition was decided by a Constitution Bench in P.S.R Sadhanantham v. Arunachalam Anr. (1980) 3 SCC 141. Rejecting the contention of the petitioner, this Court held as under:- In express terms, Article 136 does ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccused person is launched by the State. It is the duty of the State to get the culprit booked for the offence committed by him. The focal point, here, is that if the State fails in this regard and the party having bona fide connection with the cause of action, who is aggrieved by the order of the court cannot be left at the mercy of the State and without any option to approach the appellate court for seeking justice . 15. It is thus clear that Article 136 does not confer a right to appeal on any party but it confers a discretionary power on the Supreme Court to interfere in suitable cases. The exercise of the power of the court is not circumscribed by any limitation as to who may invoke it. It does not confer a right to appeal, it confers only a right to apply for special leave to appeal. Therefore, there was no bar for the appellant to apply for special leave to appeal as he is an aggrieved person. This Court in exercise of its discretion granted permission to the appellant to file the special leave petition on 03.08.2012 and leave was granted on 24.02.2014. 16. That brings us to the next question as to whether the High Court was justified in setting aside the order of the S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 311 as under:- The object underlying Section 311 of the Code is that there may not be failure of justice on account of mistake of either party in bringing the valuable evidence on record or leaving ambiguity in the statements of the witnesses examined from either side. The determinative factor is whether it is essential to the just decision of the case. The section is not limited only for the benefit of the accused, and it will not be an improper exercise of the powers of the court to summon a witness under the section merely because the evidence supports the case of the prosecution and not that of the accused. The section is a general section which applies to all proceedings, enquiries and trials under the Code and empowers the Magistrate to issue summons to any witness at any stage of such proceedings, trial or enquiry. In Section 311 the significant expression that occurs is at any stage of any inquiry or trial or other proceeding under this Code . It is, however, to be borne in mind that whereas the section confers a very wide power on the court on summoning witnesses, the discretion conferred is to be exercised judiciously, as the wider the power the greater is th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was, therefore, rightly dismissed . 22. Coming to the facts of the present case, PWs 4 and 5 were examined between 29.11.2010 and 11.3.2011. They were cross-examined at length during the said period. During the police investigation and in their evidence, they have supported the prosecution story. The Sessions Judge has recorded a finding that they were not under any pressure while recording their evidence. After a passage of 14 months, they have filed the application for their re-examination on the ground that the statements made by them earlier were under pressure. They have not assigned any reasons for the delay in making application. It is obvious that they had been won over. We do not find any reasons to allow such an application. The Sessions Judge, therefore, was justified in rejecting the application. In our view, High Court was not right in setting aside the said order. 23. In the result, the appeal succeeds and it is accordingly allowed. The order of the High Court in S.B. Criminal Miscellaneous Petition No.1679 of 2012, dated 22.5.2012 is hereby set aside. All pending applications also stand disposed of. 24. We find from the records that after the order of the Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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