https://www.taxtmi.com/caselaws?id=369363 Section 311 CrPC permits summoning, examining, recalling, or re-examining a witness only where the evidence is essential to a just decision. The power is wide but must be exercised judicially and not to fill gaps in the defence or prolong trial. Here, the Income Tax documents were already on record and exhibited, and the accused had cross-examined the complainant on them. Because the request to summon the Income Tax Officer was made at a late stage after opportunities for defence evidence had already been given, the evidence was not shown to be necessary. The refusal to summon the witness was therefore upheld, and no basis was found for interference under Section 482 CrPC. en-us Fri, 28 Sep 2018 00:00:00 +0530 Fri, 26 Oct 2018 06:22:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=369363 Section 311 CrPC permits summoning, examining, recalling, or re-examining a witness only where the evidence is essential to a just decision. The power is wide but must be exercised judicially and not to fill gaps in the defence or prolong trial. Here, the Income Tax documents were already on record and exhibited, and the accused had cross-examined the complainant on them. Because the request to summon the Income Tax Officer was made at a late stage after opportunities for defence evidence had already been given, the evidence was not shown to be necessary. The refusal to summon the witness was therefore upheld, and no basis was found for interference under Section 482 CrPC. Case-Laws Indian Laws Fri, 28 Sep 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=369363