RAM AVTAR DUTT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) COMPLAINT under Section 311 Cr.P.C. for summoning the medical officer was rejected by the trial court. Complainant filed a criminal revision which was dismissed on the ground of non -maintainability. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed.

(2.) BEFORE proceeding further, it will be useful to go through Section 311 of the Code of Criminal Procedure. The same reads as under:

(3.) A reading of the aforesaid Section makes it clear that power of Court to recall any witness or witnesses already examined or to summon any witness can be invoked even if the evidence of both sides is closed so long as the Court retains seisin of the criminal proceedings. Any person can be summoned as witness or recalled or re -examined at any stage of proceeding where essential. It is settled in law that if the conditions under this Section are satisfied, the Court can call a witness not only on the motion of either the prosecution or the defence, but also it can do so on its own motion. It is thus crystal clear that the Court is empowered to summon any person as a witness at any stage of inquiry, trial or other proceeding.