JUDGMENT U.C. Dhyani, J. 1. The applicant, by means of present application under Section 482 Cr. P.C. seeks to quash the impugned order dated 20.03.2014 (annexure-4) passed by Additional Sessions Judge, Dehradun, in Sessions Trial No. 36 of 2012, captioned as Sate vs. Vijay Sharma, and to allow the application under Section 311 Cr. P.C. (annexure-3) to the petition. 2. A first information report was lodged against the accused-applicant on 18.08.2010 for the offences punishable under Sections 376 and 506 of IPC. After the charge-sheet was submitted and the trial commenced before the Trial Court, oral evidence of the prosecutrix was recorded. After her examination-in-chief, she was cross-examined by the learned counsel for the accused at length. Her oral evidence has been enclosed as annexure-2 to the present petition. Thereafter, an application under Section 311 of Cr. P.C. was filed by the learned counsel for the accused-applicant before the trial court. It was contended that a few more questions are required to be asked to the prosecutrix and, therefore, she should be recalled for further cross-examination. 3. Learned trial court was of the view that there was no sufficient ground for recalling the prosecutrix for further cross-examination. One of the grounds for rejecting such application was that the question required to be asked to the prosecutrix has not been disclosed. 4. Before proceeding further, it will be useful to go through Section 311 of the Code of Criminal Procedure. The same reads as under: “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.” 5. A reading of the aforesaid Section makes it clear that power of Court to recall any witness or witnesses already examined or to summon any witness can be invoked even if the evidence of both sides is closed so long as the Court retains seisin of the criminal proceedings. Any person can be summoned as witness or recalled or re-examined at any stage of proceeding where essential.
Any person can be summoned as witness or recalled or re-examined at any stage of proceeding where essential. It is settled in law that if the conditions under this Section are satisfied, the Court can call a witness not only on the motion of either the prosecution or the defence, but also it can do so on its own motion. It is thus crystal clear that the Court is empowered to summon any person as a witness at any stage of inquiry, trial or other proceeding. But, for that, reasonable grounds should exist. 6. After having gone through the examination-in-chief and cross-examination of the prosecutrix, this Court finds no reason to recall her for further cross-examination. Apart from the fact that the question, which was required to be asked to the prosecutrix, was not disclosed in the application under Section 311 Cr. P.C. recalling of the prosecutrix for further cross-examination does not appear to be essential to the just decision of the case. Section 311 Cr. P.C. cannot be used to recall prosecutrix to elicit irrelevant facts and continue further cross-examination till such time, the accused feels that the razor sharp intensity of her evidence has turned blunt. The prosecutrix should not have a feeling that, by prosecuting the accused, she is being persecuted. 7. No interference is called for in the impugned order dated 20.03.2014. Application under Section 482 Cr. P.C. fails and is accordingly dismissed summarily at the threshold.