Section 311 CrPC recall requires bona fide, timely and compelling reasons; belated requests may be refused to prevent delay.

Section 311 CrPC gives the court a wide but discretionary power to recall a witness or permit defence evidence only where the evidence is essential to a just decision. A belated request filed after closure of evidence will not be allowed as a matter of course; the applicant must show bona fide, timely and compelling reasons, supported by material facts. Where the record shows repeated non-appearance, multiple adjournments, closure of opportunities, and no satisfactory proof of the stated cause, the court may refuse recall to prevent delay and abuse of process. The Delhi High Court applied these principles and upheld refusal of recall.

---

---

Issues: Whether recall of the complainant for cross-examination and permission to lead defence evidence could be granted under Section 311 of the Code of Criminal Procedure, 1973 after closure of evidence, on the plea of previous counsel's illness and alleged denial of opportunity.

Analysis: The power under Section 311 of the Code of Criminal Procedure, 1973 is wide but discretionary and must be exercised only when the evidence is essential to a just decision. Recall is not a matter of course and requires strong and valid reasons, particularly where the application is made belatedly. The record showed repeated non-appearance by the petitioners, multiple adjournments, closure of opportunities, and no medical material supporting the alleged incapacity of previous counsel. The Court also noted that the petitioners had other opportunities, could have engaged another advocate, and that the application was moved after significant delay, indicating that the request would only prolong the proceedings and prejudice the complainant.

Conclusion: The refusal to recall the complainant under Section 311 of the Code of Criminal Procedure, 1973 was upheld and the petition failed.

Ratio Decidendi: A recall application under Section 311 of the Code of Criminal Procedure, 1973 must be supported by bona fide, timely, and compelling reasons showing that recall is essential for a just decision; a belated request filed after closure of opportunities and unsupported by satisfactory cause may be rejected to prevent delay and abuse of process.

---