Recall of witnesses under criminal procedure requires strong, necessary reasons; a new counsel alone is not enough.

Section 311 CrPC confers a wide power to recall witnesses, but it must be exercised only for strong and valid reasons shown to be essential for a just decision and to prevent miscarriage of justice. A mere change of defence counsel, or the claim that earlier cross-examination was unsatisfactory, does not by itself justify reopening a trial, especially at the fag end of proceedings. The Court must weigh fairness to the accused, the victim and society, along with witness hardship and the need for expeditious trial. On these facts, recall was held unjustified and the order permitting it was set aside.

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Issues: Whether witnesses could be recalled under Section 311 of the Code of Criminal Procedure, 1973 after the accused's statement under Section 313 had been recorded, on the ground that earlier defence counsel was allegedly incompetent and had not effectively cross-examined them.

Analysis: The power under Section 311 is wide but it is not to be exercised mechanically or as a matter of course. Recall of witnesses is justified only where the Court records cogent reasons that the evidence sought is essential for a just decision and that failure to permit it would cause miscarriage of justice. Fair trial is an element of Article 21 of the Constitution of India, but fairness must be viewed from the standpoint of the accused, the victim and society alike. A mere change of counsel, or a general allegation that earlier cross-examination was inadequate, does not by itself warrant reopening a trial or recalling all witnesses, particularly at the fag end of the proceedings. The Court must also consider the hardship to witnesses, the need for expeditious trial in grave offences, and whether any real prejudice is shown.

Conclusion: Recall of the witnesses was not justified. The High Court's order allowing recall was set aside and the application for recall was dismissed.

Ratio Decidendi: Section 311 of the Code of Criminal Procedure, 1973 permits recall of witnesses only for strong and valid reasons demonstrably necessary for a just decision, and not merely because a new counsel claims that prior cross-examination was unsatisfactory.

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