BANARSI LAL Vs. BALDEV RAJ

JUDGEMENT

(1.) THIS is a petition under Section 561 -A Cr. P. C ( for short code hereafter) for quashing the order of learned 3rd Additional Sessions Judge, Jammu, dated 9.6.2004 whereby the application of the prosecution to re -call Dr. Raj Kumar Sangra, to prove the MLR's of Vijay Kumar and Naresh Kumar, has been rejected.

(2.) THE relevant facts for disposal of this petition are that respondents are facing trial under Sections 307, 326, 324, 325, 148, 149 RPC on the allegations that on 22.7.2001 accused persons have caused injuries to complainant Naresh Kumar, his father Banarsi Dass and brother Vijay Kumar at Kotli Arjun Singh, R.S. Pura, Jammu.

(3.) I have heard the learned Counsel for the parties and perused the record. The issue which has to be determined in this petition is as to whether after closure of the evidence of the prosecution, prosecution witness cannot be recalled even if his evidence is necessary for the just decision of the case. To appreciate this point, it will be appropriate to notice the provisions of Section 540 Cr.P.C, which reads as under: 540. Power to summon the material witness, or examine person present: - Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, 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; and the Court shall summon and examine or recall and re -examine any such person of his evidence appears to it essential to the just decision of the case.