• Section 311 CRPC Power to summon Section 311 provides that the Court may summon any person as a witness or to examine any person in attendance, though not summoned as a witness and Recall and re-examine any person who has already been examined This power can be exercised at any stage of any inquiry, trial or other proceeding under the CrPC Latter part of Section 311 states that the Court shall summon and examine or recall and re-examine any such person if his evidence appears to the Court to be essential to the just decision of the case Section 311 contains a power upon the Court in broad terms Statutory provision must be read purposively, to achieve the intent of the statute to aid in the discovery of truth First part of the statutory provision which uses the expression “may” postulates that the power can be exercised at any stage of an inquiry, trial or other proceeding – Latter part of the provision mandates the recall of a witness by the Court as it uses the expression “shall summon and examine or recall and reexamine any such person if his evidence appears to it to be essential to the just decision of the case” – Essentiality of the evidence of the person who is to be examined coupled with the need for the just decision of the case constitute the touchstone which must guide the decision of the Court – First part of the statutory provision is discretionary while the latter part is obligatory
VARSHA vs STATE of MP CRLA 1021/22 08/08/22 [ Dhananjaya JJ ]
[ SUPREME COURT ]