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Court’s Power To Summon Any Person U/S 311 Of CrPC Cannot Be Used To Fill Lacunae In The Prosecution Evidence – Bombay High Court

Observing that the Court’s powers to summon any person under section 311 of the CrPC cannot be used to tie loose ends in the prosecuting agency’s case, the Bombay High Court has set aside a trial judge’s order recalling a material witness for examination at the fag end of the trial. “No doubt, under Section 311 CrPC, any Court may, at any stage of any inquiry, trial or other proceedings 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, if it is essential to the just decision of the case, however, at the same time, the said power under Section 311 cannot be used to fill in the lacunae in the prosecution evidence,” Justice Revati Mohite Dere held. The court further observed that the trial judge’s decision to re-examine the complainant after the judgment was reserved for orders would seriously cause prejudice to the petitioner.

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