Section 311 CrPC recall requires a specific need for further cross-examination and cannot fill defence gaps.

A recall application under Section 311 CrPC for further cross-examination of the complainant was declined because it was moved at a belated stage and did not identify any specific document or issue requiring further questioning. The defence had already cross-examined the complainant, and its own witnesses had been confronted with the material relied upon. Section 311 cannot be used to fill lacunae in the defence or delay the trial, particularly where no real prejudice was shown and the proposed material had no bearing on the merits of the complaint. The recall request was refused and the petition dismissed.

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Issues: Whether the application under Section 311 of the Code of Criminal Procedure, 1973 for recall of the complainant for further cross-examination was liable to be allowed.

Analysis: The relief was sought at a belated stage and the application did not identify the specific documents or issues that required further cross-examination. The record showed that the defence had already cross-examined the complainant and the defence witnesses had themselves been confronted with the material relied upon. The Court held that Section 311 of the Code of Criminal Procedure, 1973 cannot be invoked to fill lacunae in the defence or to delay trial, especially where no real prejudice was shown and the proposed material had no bearing on the merits of the pending complaint.

Conclusion: The application for recall of the complainant was rightly refused and the petition was dismissed.

Ratio Decidendi: A recall under Section 311 of the Code of Criminal Procedure, 1973 will not be granted unless the applicant shows a specific and necessary purpose for further evidence or cross-examination, and the provision cannot be used to fill gaps in the defence or prolong the trial.

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