TITLE OF THE RESEARCH PAPER:

Drafting of petition for Recall of witness in criminal cases

By
Name of the Student: B. UDAY KUMAR REDDY
Roll No.: 2017128
Semester: VII
Name of the Program: 5 year (B.A., LL.B. / LL.M.)
Name of the Faculty Member: N BHAGALAKSHMI
Date of Submission: 18/01/2021

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

NYAYAPRASTHA “, SABBAVARAM,
VISAKHAPATNAM – 531035, ANDHRA PRADESH
ACKNOWLEDGEMENT

Any activity big or small is a result of collective efforts of several individuals and this research
paper report is also a sequel of several individuals who have given their valuable contribution in
fulfillment of this project At first I would like to express my profound gratitude towards my
faculty of DPC, who has provided me an opportunity to resent this project and was available
with the valuable information whenever it was needed.

I would also like to acknowledge a deep sense of gratitude to my friends and my roommate for
their immense support and guidance.

Last but not the last, my overriding debt continues to all the people who were directly or
indirectly associated with this project.
Problem; The court had taken cognizance of the offence after the prosecution
had filed a charge sheet in the court of competent jurisdiction and during the
course of the proceedings the prosecution did not produce some witnesses.
Now the application is required to be moved before the court to call one
witness for questing.

The application shall lie before the court where the case is pending for disposal.
The offence described in the following petition are triable by the sessions court.

IN THE HONOURABLE COURT OF THE SESSIONS JUDGE,

AT VISAKHAPATNAM.
CRLMP NO. 128/21
In the matter of
State, Represented by sub Inspector of Police,
Kancharapalam, P.S.Visakhapatnam. …… Complainant
Verses
Sikandar Ali and others
R/o Visakhapatnam ….Accused/Petitioner
FIR No.
P.S……..

APPLICATION ON BEHALF OF THE ACCUSED UNDER SECTION 311

OF Cr.P.C FOR SUMMONING MATERIAL WITNESSES

The accused/petitioner No.1, above named, respectfully begs t submit as under:

1. That the police filed a case against the accused persons that the accused
persons committed an offence under Sec.143 (being a member of unlawful
assembly), 14(rioting), 302 (Murder),324 (voluntary causing hurt by
dangerous weapons or means) read with Sec.149 (joinder of members of
unlawful assembly)IPC on the day …… at……
2. That the allegation on the accused persons is that the two groups had formed
unlawful assembly and fiercely fought with each other committing acts of
rioting, grievous hurt and murder in front of the syndicate bank,
Visakhapatnam. It is submitted that the prosecution witnesses produced
witnesses who picked up quarrel and were the aggressors and were carrying
dangerous weapons and inflicted grievous injuries on the accused persons.
Police had arrested all the persons on the spot, including the prosecution
witnesses. The prosecution were taken to the Ambedkar Hospital for medical
treatment and MCLs were obtained in each case separately. The accused was
also taken to the hospital since he also received multiple grievous injuries.
The entries were also made in medical register maintained by the hospital
for the said purpose.
3. That the accused was examined by one Doctor named Dr. Kalita who
wasalso marked as the prosecution witness.
4. That accused emphasis is that it is necessary and imperative that Dr.
Kalitawho had examined the accused person, above named, be recalled for
re-examination by the accused who has not been examined by the
prosecutionduring the course of proceedings to prove injuries on the person
of theaccused, above named.
5. That the recalling the aforesaid prosecution witness is imperative and
notvexation and the accused/petitioner submits that this would be result
oriented to reach a logical conclusion of this case. The accused/petitioner
 submits that the recalling of the Witness is for genuine reasons and not atall
to delay further proceedings of this case.

Under facts and circumstances of this case, explained above, the accused
petitioner prays that Dr. Kalita, aforesaid, may kindly be recalled, alongwith
records, in the interest of justice and fair play for which the accused/petitioner
shall ever pray.

Place: Visakhapatnam,

Sd/- xxxxxxx,

Date:

ADVOCATE FOR PETITIONER/ACCUSED