Witness recall under Section 311 CrPC upheld where further examination was essential, timely, bona fide, and non-prejudicial.

Section 311 CrPC confers a wide but controlled power to recall or re-examine a witness when further evidence is essential to a just decision. The power must be exercised judicially and with caution, not mechanically, and is intended to prevent failure of justice. On the facts, the request was bona fide and timely because the specific issue arose only after the CFSL expert's examination, and no undue prejudice was shown since the opposite party could cross-examine again. The recall application was therefore rightly allowed and interference with the rejection order was warranted.

---

---

Issues: Whether the appellant's prayer for recall and further examination under Section 311 of the Code of Criminal Procedure, 1973 was justified on the facts of the case.

Analysis: Section 311 confers a wide but controlled power to summon, examine, recall, or re-examine a witness when the evidence is essential to the just decision of the case. The power is to be exercised judicially, with caution, and to prevent failure of justice, but not mechanically or as a matter of course. On the facts, the appellant had no earlier occasion to raise the specific issue of similarity of data until the CFSL expert was examined, and the recall application was moved shortly thereafter. The Court also found that the respondents would not suffer prejudice because they would have an opportunity to cross-examine the appellant again.

Conclusion: The recall application was rightly allowed, and interference with the rejection order was warranted.

Ratio Decidendi: A witness may be recalled under Section 311 of the Code of Criminal Procedure, 1973 where further examination is essential to the just decision of the case and the request is bona fide, timely, and free from undue prejudice to the opposite party.

---