JOKHAN PATEL Vs. STATE OF U P

JUDGEMENT

(1.) J. C. Gupta, J. Heard.

(2.) THIS revision is directed against the order dated 20-7-2001 whereby applica tion moved on behalf of accused person for recalling PW-1 Smt. Soni Devi for further cross-examination has been rejected. Learned Counsel for the applicant sub mitted before the Court that the Court below should have exercised discretion in favour of the applicant accused for recall ing the aforesaid witness for further cross-examination 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 exer cised only for a just decision of the case. In the instant case the application which was moved on behalf of the defence for recall ing PW-1 for her further cross-examina tion did not disclose any ground as to why her further cross-examination was neces sary 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 aver ments 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 applica tion before the Court below wherein he shall give all details as to why recalling of PW-1 is necessary and if she is not recalled what injustice shall be caused to the ac cused. 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 PW-1 for further cross- examination, the Court below shall decide the said application on merit ir respective of the fact that on an earlier occasion application for recalling the said witness on vague averments had been rejected.