Prosecution has moved application under Sec 311 that they wants to examin one witness, who is not listed in witness list , in charge sheet, but his statement is recorded by I.O. I need citation to against prosecution please refer if any.
1. It is discretionary power of the court to recall witness already examined or even fresh witness called to examine at any stage of the prcoeeding till Judgment is announced.
2. Refer to famous cases of "Zahira Shaikh (Gujarat Bakery) to Sanjiv Nanda (BMW) cases and other dozen cases where such applications were allowed on showing "just material relevance" to call witness.
3. However no harm trying to stop Pros. purpose. If your goodself succed do share your case Order Copy for common consumption and to understand its reasoning part.
4. Just today I being complainant in a complaint case after closing all my witness list I moved this application and showing "just relevance to matrial facts" [actually to fill loopholes in my own filed complaint case] I got allowed 5 fresh witness summons who were not even there in my own submitted witness list.
I , agree with the opinion by D Arunkumar . In a criminal case It is the duty of the court 4 go to the grass root of the case to fond out the real truth and for that the court has given power to examine any person in proceding equiry and trial .But this power is discretionary one and It should utilised judiciary. The court has power to call any person or recall any witness suo motu also.