Fair opportunity to lead prosecution evidence under Section 311 CrPC barred interference with closure of evidence.

Where the prosecution had already been granted a fair opportunity to examine PW-2 under Section 311 CrPC and failed to produce the witness on the adjourned date, the High Court declined to interfere under Section 482 CrPC. The Court noted that the request to keep evidence open was inconsistent with the prosecution's earlier claim that the witness was available, and that sufficient time had already been afforded to lead evidence. Interference with the trial court's decision to close evidence and proceed to final arguments was therefore not warranted, and the petition was dismissed.

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Issues: Whether the order declining to keep the prosecution evidence open and directing the matter to proceed to final arguments after one opportunity had been granted to produce the witness warranted interference in the Court's discretionary jurisdiction under Section 482 of the Code of Criminal Procedure, 1973.

Analysis: The application under Section 311 of the Code of Criminal Procedure, 1973 had been allowed on the prosecution's request, and a specific opportunity was granted to produce PW-2 on a short date. The record showed that the prosecution had stated the witness was available and could be examined, yet the witness was not produced on the adjourned date. The request later made was inconsistent with the earlier averments and the prosecution had already been afforded sufficient time and fair opportunity to lead evidence in a case arising out of events of 1990.

Conclusion: Interference was not called for, and the petition was dismissed.

Final Conclusion: The prosecution was held to have had adequate opportunity to complete its evidence, and the High Court declined to exercise its inherent jurisdiction to disturb the trial court's order.

Ratio Decidendi: Where the prosecution has been given a fair opportunity to produce a witness under Section 311 of the Code of Criminal Procedure, 1973 and fails to do so, the Court will not ordinarily interfere under Section 482 of the Code of Criminal Procedure, 1973 to reopen the matter for further evidence.

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