Case Law Analysis
|Bombay High Court
CrPC Section 311 | Right to Be Heard Before Summoning Witness is Mandatory: Bombay HC Quashes Ex-Parte Order
Bombay High Court sets aside a trial court order summoning a prosecution witness under CrPC Section 311 without hearing the accused, ruling that natural justice demands prior opportunity of hearing. The judgment reinforces that even at the summoning stage, ex-parte orders violate fair trial principles and are liable to be quashed.