RAM BHAROSA Vs. STATE OF CHHATTISGARH
LAWS(CHH)-2003-1-15
HIGH COURT OF CHHATTISGARH
Decided on January 24,2003

Ram Bharosa Appellant
VERSUS
STATE OF CHHATTISGARH Respondents


Referred Judgements :-

JAMATRAJ VS. STATE OF MAHARASHTRA [REFERRED TO]
RAJENDRA PRASAD VS. NARCOTIC CELL [REFERRED TO]
SHAILENDRA KUMAR VS. STATE OF BIHAR [REFERRED TO]
P RAMACHANDRA RAO VS. STATE OF KARNATAKA [REFERRED TO]


JUDGEMENT

- (1.)HEARD finally. The applicant is facing charges under section 466, 467 and 471 IPC. Criminal Case no. 167/2001 is pending since 16-12-2001 in the Court of JMFC, Gariyaband. In view of direction issued by Hon'ble High Court regarding expeditious disposal of the case, the learned trial Judge closed the prosecution evidence, but subsequently the Court in its discretion considered that the examination of investigating officer is necessary for adjudication of the matter and as such fixed the case for recording the statements of Investigating Officer. The petitioner preferred revision and the Ulrd Addl. Sessions Judge Raipur by order dated 17-6-2002 dismissed the revision on the ground that the provisions contained in section 311 Cr.P.C. the Court has wide discretion to call for the witnesses for evidence at any stage.
(2.)LEARNED counsel for the petitioner submits that the trial Court grossly erred in re-fixing the case for prosecution evidence which was earlier closed after going through the complete record keeping in view the direction of the High Court that as the case is pending for 7 years, the matter be decided expeditiously.
Counsel for the State submitted that so far as examination of lnvestigating Officer in a Criminal Trial is concerned, the same is necessary not only for the prosecution, but equally for the defence as well. It is pertinent to note here that this Court had occasion to deal with the similar question raised in M.Cr.C. No. 1530 of 2002 (Deenanath Singh Vs. Omprakash and another) passed on 15-1 -2003.

(3.)SO far as examination/recall of witnesses is concerned, section 311 of Cr.P.C. empowers the Court to summon a material witness or to examine a person present in the Court or to recall a witness already examined. It is further noted that this power in found in section 165 of the Indian Evidence Act. The decision of Supreme Court Jamatraj Vs. State of Maharashtra1 is more relevant here, in which it has been held in paragraphs 5 and 6 as under :-
"(5) The question falls to be considered under Section 540 of the ? Code of Criminal Procedure. That section is to be found in Chapter 46 of the Code among several others which have been appropriately described in the heading to the chapter as 'miscellaneous'. It provides : ''''Section 540 : Any Court may, at any stage of any inquiry, trial or other proceedings 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 ifhis evidence appears to it essential to the just decision of the case." (5) The section gives a power to the Court to summon a material witness or to examine a person present in court or to recall a witness already examined. It confers a wide discretion on the Court to act as the exigencies of justice require. Another aspect of this power and complementary to it is to be found in section 165 of the Indian Evidence Act which provides : "Section 165 : The Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any witness, or of the parties, about any fact relevant or irrelevant; and may order the production of any document or thing; and neither, the parties nor their agents shall be entitled to make any objection to any such question or order, nor, without the leave of the Court, to cross examine any witness upon any answer given in reply to any such question : These two sections between them confer jurisdiction on the Judge to act in aide of justice."



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