Recall and re-examination under Section 311 CrPC upheld where evidence was essential for a just decision.

Section 311 CrPC empowers the court to recall or re-examine a witness when the evidence is essential to discover the truth and reach a just decision. The power must be exercised judiciously, not mechanically, and re-examination is permissible where new material emerges and the step is needed for fair adjudication rather than to fill a lacuna. Applying that principle, the HC found no legal infirmity or arbitrary exercise of discretion in the trial court's order permitting recall of the complainant, and supervisory interference under Section 482 CrPC was declined.

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Issues: Whether the trial court was justified in allowing recall and re-examination of the complainant under Section 311 of the Code of Criminal Procedure, 1973, and whether the order called for interference under Section 482 of the Code of Criminal Procedure, 1973.

Analysis: The power under Section 311 is intended to enable the court to discover the truth and arrive at a just decision, and may be exercised at any stage if the evidence is essential for a proper adjudication. Such power must be used judiciously and not mechanically, but where new material emerges and re-examination is required for a fair decision, the order cannot be treated as merely filling a lacuna. On the facts, the impugned order was passed after considering the relevant circumstances and disclosed no legal infirmity warranting supervisory interference.

Conclusion: The order permitting re-examination was upheld and interference under Section 482 was declined.

Final Conclusion: The petition failed, and the trial court's order allowing recall and re-examination remained undisturbed.

Ratio Decidendi: A witness may be recalled or re-examined under Section 311 when the evidence is essential to a just decision, and such an order will not be interfered with unless it suffers from legal infirmity or arbitrary exercise of discretion.

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