MAHIPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this petition under Section 482 Cr. P. C. accused petitioner challenged the order dated 4. 4. 2001 passed by the learned District and Sessions Judge, Jaisalmer, in Sessions Case No. 36/99 whereby the application filed by the learned Additional Public Prosecutor for summoning the Tehsildar, Pokaran as prosecution witness was allowed and Tehsildar Pokaran was summoned as prosecution witness.

(2.) BRIEFLY stated the facts which are necessary to dispose of this petition are that the accused petitioner is facing trial before the learned Trial Court for the offence under Sections 302, 394, 323/34 and 324 I. P. C.

(3.) SECTION 311 Cr. P. C. of 1973 categorically lays down that any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as 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 if his evidence appears to it to be essential to the just decision of the case. Thus, it is clear that under SECTION 311 of Cr. P. C. , the Court has got wide power to summon any person as witness at any stage of inquiry and trial and as such, there is no limitation of power conferred on Court, but it is well settled law that Court should not allow a particular person as witness in order to fill up the lacuna left by it. The Court must exercise this power with due care and diligence.