Section 311 CrPC permits recall of a witness at any stage when later material shows justice requires fresh examination.

Section 311 of the Code of Criminal Procedure confers wide judicial power to summon, examine, recall, and re-examine a witness at any stage where the evidence is essential to a just decision. Earlier rejection of similar requests does not bar a later order if subsequent enquiry or expert opinion shows that the person examined may not have been the genuine witness. The provision is intended to prevent failure of justice and enable the court to reach the truth by lawful means, and it must be exercised judicially when the circumstances justify it. The trial court's direction to summon the genuine witness was therefore treated as within jurisdiction and not illegal or arbitrary.

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Issues: Whether the trial court was justified in invoking Section 311 of the Code of Criminal Procedure, 1973 to summon and re-examine the genuine prosecution witness after earlier rejection of similar applications and in view of the allegation that an impersonator had given evidence in the name of the witness.

Analysis: Section 311 confers very wide power on the court to summon, examine, recall, and re-examine a witness at any stage, and the duty to exercise that power arises when the evidence appears essential to the just decision of the case. The earlier rejection of applications did not bar a later order when subsequent enquiry and expert opinion indicated that the person examined in court was not the real witness. The object of the provision is to prevent failure of justice and to enable the court to arrive at the truth by lawful means, and the power is to be exercised judicially where the circumstances demand it.

Conclusion: The trial court's order to summon the genuine witness for examination was held to be within jurisdiction and not illegal or arbitrary.

Ratio Decidendi: A court may invoke Section 311 of the Code of Criminal Procedure, 1973 at any stage to summon or recall a witness whenever the evidence is essential to a just decision, and prior rejection of similar requests does not bar such exercise when later material shows that justice requires it.

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