Court's power to recall or examine witnesses for a just decision is not barred merely because defence evidence is closed.

Section 311 CrPC confers a wide power to examine or recall witnesses when their evidence is necessary for a just decision, and that power is reinforced by the court's auxiliary authority under Section 165 of the Evidence Act. The mere fact that the accused has closed the defence does not by itself curtail that power. The controlling test is the necessity of the additional evidence for arriving at a just decision, not the stage at which the request is made. The impugned order permitting examination of the witness was upheld and the petition was dismissed.

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Issues: Whether the Court's power to examine a witness for the just decision of the case under Section 311 of the Code of Criminal Procedure, 1973 could be exercised even after the accused had closed his defence.

Analysis: The wide power conferred by Section 311 of the Code of Criminal Procedure, 1973, read with the court's auxiliary power under Section 165 of the Indian Evidence Act, is intended to advance the interests of justice and secure a just decision. That power is not cut down by the mere fact that the defence has been closed. The controlling test is whether the additional evidence is necessary for a just decision and not whether the stage of trial has advanced beyond the defence.

Conclusion: The power to examine a witness for the just decision of the case cannot be curtailed merely because the accused has closed his defence; the impugned order allowing the application was upheld, and the petition was dismissed.

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