Argument Note: Power under Section 311 CrPC exercisable until pronouncement of judgment

1. Trial does not terminate merely upon posting case for judgment:
Trial continues post-arguments and remains ongoing until judgment is pronounced, encompassing both conviction/acquittal and sentencing stages. A Magistrate retains competence to invoke Section 311 even after evidence closure, arguments, and posting for judgment, provided essential for just decision. (!) [15000010960005][15000010960009] (!)

2. Wide amplitude of Section 311 CrPC:
Section empowers any court, at any stage of inquiry, trial, or proceeding, to summon/examine/recall witnesses if essential to just decision. Power is discretionary in first part ("may") and mandatory in second ("shall"), unrestricted by trial stage, aimed at preventing failure of justice due to evidentiary gaps. (!) (!) [15000010960003] (!) (!)

3. Stages of trial confirm continuity until judgment:
- Sessions trial: Extends beyond evidence/arguments to judgment under S.235(1), hearing on sentence under S.235(2), and post-conviction evidence under S.236.[15000010960007]
- Warrant case: Continues to acquittal/conviction under S.248(1)-(2), including post-conviction evidence on prior convictions under S.248(3).[15000010960008]
- Summons case: Culminates only at judgment under S.255.[15000010960008]
S.353(1) requires judgment pronouncement post-termination, but pronouncement itself integral to trial; incomplete without sentence per S.354.[15000010960009]

4. Court's duty to seek truth overrides party lapses:
Court not mere umpire; must actively ascertain truth via S.311/165 Evidence Act, even post-arguments if exigency demands, ensuring justice over adversarial contest. (!) (!) (!) (!) [15000010960012]

5. No bar pre-judgment; aligns with appellate powers:
Power persists till judgment pronouncement, mirroring S.391 for appeals; invocable bona fide for just decision, benefiting prosecution or defence.[15000010960010] (!)

Conclusion: Trial terminates solely on judgment pronouncement (acquittal or post-conviction sentence). Orders denying S.311 applications post-arguments but pre-judgment liable to be set aside for fresh consideration on merits. (!) (!)