Criminal

Power to summon material witness, or examine person under section 311 of Cr.P.C

Parliament

311. Power to summon material witness, or examine person present

Any Court may,

at any stage of

any inquiry, trial or other proceeding under this Code,

summon any person as a witness,
or examine any person in attendance,

though not summoned as a witness, or recall and re-examine any person already examined;

and the Court shall summon and examine or recall and re-examine any such person

if his evidence appears to it to be essential to the just decision of the case.

COMMENT:

  • Section 311 Cr.P.C. is an interlocutory order- No Revision lies against an order u/s 311.whenever the petitions are filed under Section 482 Cr.P.C. with a view to circumvent the bar of revision under Section 397(2) Cr.P.C. against the interlocutory order and bar of second revision under 399(3) Cr.P.C., then ordinarily this court should be slow in exercising its powers under Section 482 Cr.P.C. Such powers should be exercised sparingly in a rarest of rare cases where there is grave mis-carriage of justice is done or there is an abuse of process by courts below while passing the impugned orders otherwise not.
  • [Rajendra Prasad vs Narcotic Cell Through Its Officer … on 12 July, 1999][ Lacuna IN PROSECUTION ]  And

(2001)4 SCC 759 (Rambhau & anr. v. State of Maharashtra)

(2004)4 SCC 158 (Zahira Habibulla H. Sheikh & anr. v. State of Gujarat & anr.);
(2005)1 SCC 115 (Satyajit Banerjee & ors. v. State of W.B. & ors.);
(2011)4 SCC 402 (Ashok Tshering Bhutia v. State of Sikkim); and

(2012)3 SCC 387 (Sudevanand v. State through C.B.I.)