Jokhan Patel vs State of U.P.

J.C. Gupta, J.—Heard.

This revision is directed against the order dated 2072001 whereby application moved on behalf of accused person for recalling PW1 Smt. Soni Devi for further crossexamination has been rejected. Learned Counsel for the applicant submitted before the Court that the Court below should have exercised discretion in favour of the applicant accused for recalling the aforesaid witness for further crossexamination under Section 311, CrPC. There can be no two views that every Court possesses power to summon or recall any witness at any stage of the proceeding and this power is vested in every criminal Court by virtue of provisions of Section 311 CrPC. However, neither prosecution nor accused is vested with any right to compel the Court to summon or recall any witness and the power by the Court is to be exercised only for a just decision of the case. In the instant case the application which was moved on behalf of the defence for recalling PW1 for her further crossexamination did not disclose any ground as to why her further crossexamination was necessary for a just decision of the case. It was simply stated therein that the defence Counsel has omitted to ask a few questions. What were those questions and how they were relevant, that were not disclosed in the application? On such vague averments the Court below was absolutely right in rejecting that application. This Court thus finds no sufficient ground to interfere. At this stage learned Counsel for the applicant submitted that the applicant may be permitted to move a fresh application before the Court below wherein he shall give all details as to why recalling of PW1 is necessary and if she is not recalled what injustice shall be caused to the accused. It is always open for a party to make application for summoning or recaling any witness at any stage of trial and if sufficient ground is shown and the Courts finds the prayer to be necessary for a just decision of the case, the application can be allowed. Therefore, if a fresh application is made on behalf of the applicant giving detailed reasons for recalling PW1 for further crossexamination, the Court below shall decide the said application on merit irrespective of the fact that on an earlier occasion application for recalling the said witness on vague averments had been rejected.

With the above observations, this revision is disposed of.

Revision disposed of.