Telangana HC overrules lower court, says FIR can be marked as evidence even at ‘fag end’ of trial

The case involves a murder that occurred in January 2018 in Kazipet. Four people were accused of attacking and killing two people over a property dispute and subsequently concealing evidence. During the trial in a lower court in Hanamkonda, the prosecution realised they had accidentally forgotten to officially mark the FIR as an exhibit during the testimony of the investigating officer, the station house officer of Kazipet police station.

The trial court declined to allow the prosecution’s petition under Section 311 of the Criminal Procedure Code (CrPC), requesting to recall the investigating officer for further examination and mark the FIR as an exhibit, holding that the investigating officer was already examined and cross-examined, and arguments were heard, and the matter was posted for reply arguments. The trial court held that the petition was filed “at the fag end of the case”.

In the criminal petition before the high court, the state challenged the trial court’s order. The assistant public prosecutor argued the ambit of Section 311 (Power to summon material witness, or examine person present) of CrPC was very wide, and the powers are to be exercised for justice and can be exercised at any stage of inquiry, trial or any other proceedings under CrPC.

‘Court is not a hapless bystander’

Justice Jukanti disagreed with the lower court’s reasoning and noted that power under Section 311 of CrPC was governed by the requirement of justice. The court pointed to Supreme Court rulings that held that “the statutory provision (section 311 of CrPC) emphasises that the Court is not a hapless bystander in the derailment of justice.” It noted that the court “has a vital role to discharge in ensuring that the cause of discovering truth as an aid in the realisation of justice is manifest.”

The court concluded that “the ingredients of Section 311 of Cr.P.C. and the essentiality of evidence of the witness to be examined, along with marking of FIR as an Exhibit through him, indeed are vital for a just decision in the case and relief as prayed must have been granted keeping in mind the gravity of charges.”

Consequently, the trial court was directed to recall the investigating officer (PW-21) for further examination, specifically to get the FIR marked as an exhibit. The high court also directed that the defence be given an opportunity to raise any objections during this process.