Recall of witness and reopening of evidence refused where the application was belated and aimed at filling omissions.

A witness may be recalled and evidence reopened under Section 311 CrPC only when necessary for a just decision, not to cure omissions or fill lacunae caused by lack of diligence. The complainant sought to reopen evidence, recall PW.2, and file additional documents after repeated opportunities had already been granted and the same purpose had earlier been allowed once. As the authorization and partnership deed were known to be relevant but had not been produced earlier, the court treated the renewed attempt as belated and negligent. Refusal to reopen the evidence, recall PW.2, and receive the documents was upheld.

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Issues: Whether the orders refusing to reopen the evidence, recall PW.2, and receive the additional documents deserved interference in the exercise of inherent jurisdiction.

Analysis: The applications were filed after repeated opportunities had already been granted and after the complainant had earlier succeeded in reopening the evidence for the same purpose. The belated attempt was directed towards placing on record an authorization and partnership deed that had not been produced earlier, despite the complainant's knowledge of their relevance. While powers under Section 311 of the Code of Criminal Procedure, 1973 are to be exercised liberally to enable a just decision, such power is not meant to cure omissions, fill lacunae, or permit a party to proceed without diligence. The complainant had failed to establish sufficient justification for the renewed applications, and the trial court's view that the attempt was negligent and intended to overcome defects was sustained.

Conclusion: The refusal to reopen the evidence, recall PW.2, and receive the documents was upheld, and interference was declined.

Ratio Decidendi: A witness may be recalled or evidence reopened only when necessary for a just decision, and not when the application is a belated attempt to fill lacunae created by lack of diligence.

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