https://www.taxtmi.com/caselaws?id=302295 Section 311 of the Code of Criminal Procedure, 1973 gives the court a wide but judicially controlled power to summon, recall, or re-examine a witness whenever the evidence is essential to a just decision. That power cannot be used to fill a lacuna or unfairly prejudice the accused, but recall was justified here because the Investigating Officer had already said he recorded the deceased's statement, the defence was aware of that fact, and the failure to exhibit the statement was an inadvertent oversight. As the recall request was made promptly and no serious prejudice was shown, the High Court's order permitting recall was upheld. en-us Thu, 03 Jul 2014 00:00:00 +0530 Fri, 13 May 2022 21:04:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=302295 Section 311 of the Code of Criminal Procedure, 1973 gives the court a wide but judicially controlled power to summon, recall, or re-examine a witness whenever the evidence is essential to a just decision. That power cannot be used to fill a lacuna or unfairly prejudice the accused, but recall was justified here because the Investigating Officer had already said he recorded the deceased's statement, the defence was aware of that fact, and the failure to exhibit the statement was an inadvertent oversight. As the recall request was made promptly and no serious prejudice was shown, the High Court's order permitting recall was upheld. Case-Laws Indian Laws Thu, 03 Jul 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=302295