S K GARG Vs. CBI

JUDGEMENT

(1.) HEARD .

(2.) THIS revision is directed against order dated 14.2.2012, passed by Special Judge, Anti Corruption (CBI) at Dehradun in Case No. 3 of 2003, CBI v. Chandra Dutt and Ors.,. whereby said Court has rejected the application of the revisionist under Section 311 of Cr.P.C.

(3.) SECTION 311 of Cr.P.C. empowers the Court to summon or examine any person in attendance or to recall or re-examine any person, already examined, if his evidence is essential to the just decision of the case. I agree with the learned Counsel for the revisionist only to the extent that the trial Court has power to recall or reexamine a witness, already examined, but this Court is of the view that the power to recall the examined witness is not to be exercised lightly, or in a routine manner. If the power under Section 311 of Cr.P.C. is examined lightly, this would encourage winning over of the witnesses and frustrate the object of fair trial.