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Ashutosh Pathak v. State of U.P.

Special Leave Petition (Criminal) · 2025 INSC 534Decided 4 Feb 2025
SLP(Crl.) No. 10852 of 2024
Justice Sudhanshu Dhulia · Justice Ahsanuddin Amanullah

Background

The petitioner's wife had filed an FIR alleging dowry harassment and physical abuse under Section 498-A IPC and the Dowry Prohibition Act. After the prosecution's evidence closed and the petitioner's own statement was recorded, he applied under Section 311 CrPC to summon two defence witnesses: his friend and his sister-in-law/neighbour. The trial court summoned only the friend, but after the petitioner sought repeated adjournments to examine him, the court eventually closed that opportunity; the High Court upheld this.

Decision Breakdown

The Supreme Court held there was no error in declining to summon the sister-in-law, since nothing on record showed her evidence was essential to a just decision. On the friend, the Court found the defence had been given ample opportunity, including a further chance granted on payment of costs, but failed to produce the witness, and rejected the argument that the prosecution (rather than the defence) was obliged to examine him first, since he had been summoned as an independent defence witness, not a prosecution one. Noting a pattern of successive Section 311 applications and adjournments, the Court held this amounted to delay tactics and dismissed the petition, affirming the High Court's order.

Lesson Learnt

The power under Section 311 CrPC to summon or recall witnesses is meant to serve a just decision, not to enable delay. Courts will decline to reopen or extend that opportunity where the evidence isn't shown to be essential, or where a party has already had, and squandered, a fair chance to produce its witness.

Official source (sci.gov.in)View Judgment (PDF)

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