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Issues: Whether the Magistrate could, after closure of prosecution evidence and before recording the accused's statement, summon additional prosecution witnesses and direct proof of documents in exercise of the court's power to secure a just decision.
Analysis: The power to summon and examine witnesses is wide and may be exercised at any stage of the trial if the court bona fide considers the evidence necessary for a just decision. The stage of the proceedings does not by itself restrict the exercise of that power. In a case of alleged forgery, proof of the disputed document and examination of material witnesses may properly be directed if they are relevant to the truth-finding function of the court. Since the accused's statement had not yet been recorded, no prejudice from filling up a supposed lacuna in the prosecution case was made out.
Conclusion: The Magistrate's order directing further evidence and summoning of witnesses was valid and involved no illegality or error.
Ratio Decidendi: The court's power to summon and examine witnesses at any stage is exercisable whenever the evidence is necessary for a just decision of the case, and the absence of completed accused examination under Section 313 of the Code of Criminal Procedure, 1973 may negate any claim of prejudice.
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