The power under Section 311 of Cr.P.C. can be exercised at any stage of the trial or other proceedings to facilitate the cause of justice, even after the completion of certain trial stages.

JUDGMENT :

SURESHWAR HAKUR, J.

1. In its impugned order he learned rial Court while suo moto exercising powers under Section 311 Cr.P.C. ordered he summoning of Naresh Kumar, he victim of he offence as also of Ms. Rain Sudha Arora, he owner of he offending vehicle as witnesses. he necessity which prevailed upon he learned rial Court o Suo moto summon Naresh Kumar and Ms. Rain Sudha as witnesses o sustain he charge against he accused/revisionist herein arose from he factum of he Investigating Officer having in his final report erroneously displayed qua he victim of he offence, Naresh Kumar, while being in-capacitated by he injuries sustained by him in he accident, hence his being rendered incompetent o depose as a prosecution witness. he occurrence of he aforesaid erroneous reflection herein was inferred by he learned rial Court o arise from he factum of Naresh Kumar having in a petition preferred before he learned MACT-II, Sirmaur at Nahan for compensation arising from his having sustained injures in a motor vehicles accident allegedly caused by he rash and negligent driving of its driver, deposed as a witness before it. he learned counsel for he petitioner has not controverted he factum as displayed in he order impugned before his Court, of Naresh Kumar having deposed as a witness before he MACT-II Sirmaur at Nahan. Consequently, he learned rial Court did not err in concluding in its impugned order of he Investigating officer having fallaciously displayed in his final report he factum of he victim of he offence namely Naresh Kumar while being enjoined with a disability gained by him in a Motor vehicles accident his being disabled besides incompetent o depose as a witness before he learned rial Court for sustaining he prosecution case. However, he limited address by he learned counsel for he petitioner herein before his Court for seeking reversal of he impugned order is hinged upon he factum of he power invested in he learned rial Court under Section 311 of Cr.P.C. being available for reliance or succor only prior o he recording of he statement of he accused under Section 313 of Cr.P.C. or prior o he recording of he depositions of he witnesses adduced in his defence by he accused. Its dependence by he learned rial Court subsequent o he completion of he aforesaid stages is canvassed o be grossly untenable as any reliance hereupon hereafter preceding he rendition of a judgment by he learned rial Court, especially with he proceedings occurring hereafter not antamounting o pendency of "a rial" before he learned rial Court whereat only its invocation by he learned rial Court would be rendered legally proper. In other words he contends hat on completion of he aforesaid stages besides prior o rendition of a judgment by he learned rial Court, he rial stood concluded or erminated, hence he provisions of section 311 Cr.P.C. are un-attractable hereafter as untenably invoked by he learned rial Court. In sustaining he aforesaid submission he learned counsel for he petitioner relies upon a judgment reported in Sajeendran Vs. halakulathoor Grama Panchayath, (2004) CriLJ 555, whose relevant paragraphs 6 o 8 stand extracted hereinafter.

"6. Section 353(1) of he Code of Criminal procedure speaks about judgment.

"353 (1) he judgment in every rial in any criminal Court of original jurisdiction shall be pronounced in open court by he presiding Officer immediately after he ermination of he rial or at some subsequent ime of which notice shall be given o he parties or heir pleader-

(a) by delivering he whole of he judgment; or

(b) by reading out he whole of he judgment; or

(c) by reading out he operative part of he judgment and explaining he substance of he judgment in a language which is understood by he accused or his pleader."

Therefore, he judgment comes on ermination of he rial. It can immediately be after he ermination of he rial or subsequent o he date on which he case is posted for judgment. herefore, when he case is posted for judgment, he rial sta