The main legal point established in the judgment is that the court has the authority under Section 311 CrPC to summon or examine any person as a witness at any stage of the proceeding if their evidence is essential to the just decision of the case, regardless of the closure of prosecution evidence.

K.C. Sharma, J.-Heard Counsel for the parties.

2. The complainant petitioner has filed the present petition against the order dated 25.2000 passed by the Additional Chief Judicial Magistrate No. 13, Jaipur City, Jaipur, thereby dismissing her application filed under Section 311 CrPC for summoning witness Gom Singh.

3. It appears that earlier an application was moved for closing the prosecution evidence on the ground that it was continuing since long. The trial Court taking into account the fact that case was continuing for considerable time for recording prosecution evidence, ordered closure of prosecution evidence. Against this order, complainant petitioner Kumari Rajni filed a Misc. Petition before this Court, which was dismissed. Thereafter, the complainant filed an application under Section 311 CrPC for summoning witness Gom Singh. The trial Court vide its impugned order has dismissed the complainants application on the ground that prosecution evidence has already been closed and the order closing prosecution evidence has been affirmed by the High Court.

4. From the order impugned in this petition it appears that the trial Court has not adhered to the provisions of Section 311 CrPC and has dismissed the complainants application solely on the ground that prosecution evidence has already been closed and the order closing prosecution evidence stands affirmed by the High Court. The trial Court has not taken into account the scope of maintainability of application under Section 311 CrPC nor it has seen whether summoning of a witness would be in the interest of justice or not. Filing of an application under Section 311 CrPC and summoning of a witness is not barred by closure of evidence. Section 311 CrPC makes it emphatically clear that the Court may, at any stage of any inquiry, trial or other proceeding under the Code, summon any person as a witness or examine any person in attendance, though not summoned as a witness, on recall and re-examine any person already examined. It further makes it clear that 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. For the reasons aforesaid, this petition is allowed. The impugned order dismissing the complainants application filed under Section 311 CrPC is set aside. The trial Court is directed to decide the complainants application filed under Section 311 CrPC on merits.