Legal Aid - Section 311. Power to summon material witness, or examine person present.

Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.

Comments

            Power of Court to recall any witness or witnesses already examined or to summon any witness can be invoked even if the evidence in both sides is closed so long as the Court retains seisin of the criminal proceedings: Mohanlal Shamji Soni v. Union of India, (1981) 1 Crimes 818 (SC): (1991) Cr LJ 152 (SC).

            Any person can be summoned as witness or recalled or re-examined at any stage of proceeding where essential; Mohanlal Shamji Soni v. Union of India, (1991) GLJ 1521 (SC): (1991) 1 Crimes 818 (SC).

            It is crystal clear that the Court has been empowered to summon any person as a witness at any stage of inquiry, trial or other proceeding. The power is not confined to any particular class of person; Heeralal v. State of Madhya Pradesh, (1997) 2 Crimes 634 (MP).