S.311 CrPC Asserts Power Of Courts To Recall & Summon Witnesses Even After Closure Of Evidence In Criminal Proceedings: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has recently reiterated that power of the court under Section 311 CrPC 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.

The observations were made by Justice Vinod Chatterji Koul while hearing a revision petition in terms of which the petitioner had assailed an order passed by Special Judge Anticorruption, allowing prosecution to produce a witnesses by issuing bailable warrants to procure attendance.

The petitioner contended that the High Court had directed the trial Court to hold the trial expeditiously without allowing proceedings to be protracted by prosecution and yet the trial Court allowed prosecution another opportunity to produce witnesses.

One of the accused in the criminal cases had earlier preferred a revision petition against the Trial Court order allowing production of witnesses by prosecution. The High Court while upholding that order had directed the Trial Court to expedite the trial. It is this order that the petitioner was relying upon.

The High Court observed that Section 311 of CrPC envisages that 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. The said power is not confined to any particular class of person, it said.

"Reference in this regard is made to Power of the 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", the bench underscored.

Referring to an apex court judgment in Rajaram Prasad v. State of Bihar, (2013) wherein SC held that widest powers have been invested with the courts under Section 311 CrPC when it comes to the question of summoning a witness or to recall or reexamine any witness already examined, the bench explained,

"If evidence of any witness appears to the Court to be essential to the just decision of the case, it is the power of the Court to summon and examine or recall and re-examine any such person".

In view of the legal position the bench found the petition meritless and dismissed the same.

Case Title: Farid Ahmad Tak Vs UT of J&K & Ors

Citation: 2023 LiveLaw (JKL) 72

Click Here To Read/Download Judgment