VidhiSangh

Supreme Court of India · 04/02/2025

ASHUTOSH PATHAK versus THE STATE OF UTTAR PRADESH & ANR. R1: STATE OF UTTAR PRADESH R2: SHIKHA PATHAK

[2025] 2 S.C.R. 1831 · 2025 INSC 534

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Summary

The Supreme Court refused special leave against the High Court's refusal to interfere with trial court orders under Section 311 Cr.P.C. in a dowry-harassment trial. It held that one witness was rightly not summoned because nothing showed his evidence was essential, that the accused was given ample opportunity to examine the other witness summoned at his instance, and that successive Section 311 applications and adjournments were dilatory tactics.

Issues

  1. Whether the trial court erred in partly allowing the accused's application under Section 311 Cr.P.C. and declining to summon one of the two witnesses sought.
  2. Whether the trial court rightly closed the accused's opportunity to examine a witness summoned at his instance, and whether the prosecution had to examine that witness first because he was named in the prosecution's list of witnesses.
  3. Whether the accused's successive applications and adjournments amounted to delay tactics.

Provisions considered

Held

Result

Special leave petition dismissed; special leave refused and the High Court's order affirmed; no order as to costs.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 1831.