Section 311 CrPC cannot be used to fill prosecution gaps after trial has effectively concluded and judgment is pending.

Section 311 CrPC gives the trial court wide power to summon, recall or re-examine witnesses at any stage, but that power cannot be used to fill lacunae in the prosecution case. Where prosecution evidence had closed, the accused had been examined under Section 313, written arguments had been filed, and the matter was fixed for judgment, recalling witnesses to prove the memory card would amount to curing a defect in the prosecution evidence and prejudice the accused. In those facts, the High Court held the invocation of Section 311 impermissible and the recall order liable to be quashed.

---

---

Issues: Whether the trial court could invoke Section 311 of the Code of Criminal Procedure to recall witnesses and summon further evidence after prosecution evidence had closed, the accused had been examined under Section 313, written arguments had been filed, and the matter had been posted for judgment, particularly where the step would fill gaps in the prosecution case.

Analysis: Section 311 of the Code of Criminal Procedure confers wide power to summon, recall or re-examine a witness at any stage if such evidence is essential to the just decision of the case. However, that power cannot be exercised to fill in lacunae in the prosecution evidence. Here, the trial had substantially concluded: the prosecution evidence was over, the accused's statement under Section 313 had been recorded, written submissions had been exchanged, and the matter was already fixed for judgment. In those circumstances, recalling the complainant and panch witness to prove the memory card, after the defence had disclosed its stand, would amount to curing a defect in the prosecution case and would cause prejudice to the accused.

Conclusion: The invocation of Section 311 was impermissible in the facts, and the order recalling witnesses was rightly liable to be quashed.

Final Conclusion: The impugned order permitting recall of witnesses was set aside and the petition succeeded.

Ratio Decidendi: The power under Section 311 of the Code of Criminal Procedure, though wide, cannot be used after the trial has effectively concluded to remedy deficiencies in the prosecution evidence or to prejudice the accused.

---