[S. 311 CrPC] Accused Has A Right To Summon Any Evidence/Witness Relevant For Proper Appreciation Of Prosecution Evidence: Allahabad High Court

In a significant order, the Allahabad High Court allowed an application for recall of witness moved by an accused under Section 311 of CrPC, while holding that the same is a matter of right, when it comes to proper appreciation of the prosecution evidence. The power to summon material witness, or examine person present under Section 311 of CrPC stipulates that 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.