Judicial discretion to summon witnesses under CrPC must be based on necessity and relevance to a just decision.

Section 311 CrPC permits summoning, recalling, or re-examining a witness only where the evidence is shown to be essential for a just decision, and the discretion must be exercised judicially. Smt. Ruchi Saxena was neither the complainant nor an eyewitness to the alleged bribe demand or acceptance, was not examined during investigation, and was not listed as a prosecution witness. As no clear nexus was demonstrated between her evidence and the core ingredients of the case, the direction to summon her as a court witness was unjustified. The High Court's order was set aside and the trial court's refusal to summon the witness was restored.

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Issues: Whether Smt. Ruchi Saxena was a material witness whose examination as a court witness was essential for the just decision of the case under Section 311 of the Code of Criminal Procedure, 1973.

Analysis: Section 311 confers a wide but judicially controlled power to summon, examine, recall, or re-examine a witness at any stage when the witness's evidence appears essential to a just decision. The record showed that Smt. Ruchi Saxena had neither made the complaint nor witnessed the alleged demand or acceptance of bribe. She was not examined during investigation, was not named in the prosecution witness list, and her evidence had no demonstrated nexus with the core ingredients of the bribe case. The direction to summon her was made without identifying the relevance of her evidence or the necessity of her examination, and without addressing the reasons given by the trial court for refusing the request.

Conclusion: The direction to summon and examine Smt. Ruchi Saxena as a court witness was unjustified and could not be sustained.

Final Conclusion: The order of the High Court was set aside, and the trial court's refusal to summon the witness was restored.

Ratio Decidendi: The power under Section 311 of the Code of Criminal Procedure, 1973 can be exercised only when the witness's evidence is shown to be essential to the just decision of the case and must be exercised judicially, not arbitrarily.

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