https://www.taxtmi.com/caselaws?id=312715 Section 311 CrPC gives the court wide power to summon, recall, or re-examine a witness at any stage when the additional evidence is needed for a just decision. A mere procedural omission or inadvertent case-management error is not the same as an inherent lacuna in the prosecution. Where the proposed evidence is directed to curing an authorization defect, does not change the main substratum of the complaint, and causes no prejudice to the other side, rejection of the application is unsustainable. The Delhi HC therefore held that the petitioner was entitled to the requested opportunity and set aside the impugned order. en-us Tue, 26 Nov 2013 00:00:00 +0530 Mon, 04 Mar 2024 15:17:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=312715 Section 311 CrPC gives the court wide power to summon, recall, or re-examine a witness at any stage when the additional evidence is needed for a just decision. A mere procedural omission or inadvertent case-management error is not the same as an inherent lacuna in the prosecution. Where the proposed evidence is directed to curing an authorization defect, does not change the main substratum of the complaint, and causes no prejudice to the other side, rejection of the application is unsustainable. The Delhi HC therefore held that the petitioner was entitled to the requested opportunity and set aside the impugned order. Case-Laws Indian Laws Tue, 26 Nov 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=312715