Section 311 CrPC discretion: belated repeated witness recall can be refused when it prejudices the accused and abuses process.

Section 311 CrPC gives the court a discretionary power to summon, examine, recall, or re-examine a witness, but that discretion must be used cautiously and only to secure the ends of justice. Where prosecution evidence has already been closed, repeated opportunities have been given, and attendance has not been secured for a long period, a belated request to summon the witness may amount to abuse of process and prejudice the accused. Successive applications for the same relief should not be encouraged. On these facts, the request to summon the witness was held not maintainable and the orders permitting his examination were quashed.

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Issues: Whether the prosecution application to summon a witness under Section 311 of the Code of Criminal Procedure, 1973, after repeated failed attempts and long delay, ought to be allowed.

Analysis: Section 311 confers a discretionary power to summon, examine, recall, or re-examine a witness, but the power must be exercised to meet the ends of justice and with caution. Where prosecution evidence has long been closed, the witness had earlier been given repeated opportunities, and the party seeking recall has failed over a prolonged period to secure attendance, a further summoning at a belated stage may amount to abuse of process and may cause prejudice to the accused. Successive applications for the same relief should not be encouraged in such circumstances.

Conclusion: The application for summoning the witness was not maintainable on the facts and ought to have been rejected.

Final Conclusion: The orders permitting examination of the witness were quashed and the prosecution request for summoning him stood dismissed, thereby bringing the criminal revision controversy to an end in favour of the appellant.

Ratio Decidendi: The discretionary power under Section 311 of the Code of Criminal Procedure, 1973, cannot be used to permit repeated or belated witness summoning where it is not necessary for the just decision of the case and would operate as an abuse of process or prejudice the accused.

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