PASAYAT, J.

( 1 ) PETITIONER challenges order passed by learned Special Judge, Dhenkanal rejecting his prayer to issue summons to six persons, who, according to him, are material witnesses. Prayer was made in terms of Section 311 of the Code of Criminal Procedure, 1973 (in short, the 'cr. P. C. ' ). Prayer appears to have been rejected on the ground that sufficient opportunity was granted to the petitioner. It is petitioner's case that adjournments were not earlier granted for the purpose of securing presence of the witnesses named in the petition dt. 30-6-1994.

( 2 ) SECTION 311, Cr. P. C. reads as follows:"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. "the Section is manifestly in two parts. Whereas the word used in the first part is "may", the second part uses "shall". In consequences, the first part gives purely discretionary authority to the Criminal Court and enables it at any stage of an enquiry, trial or proceeding under the Code (a) to summon any one as a witness, or (b) to examine any person present in Court, or (c) to recall and re-examine any person whose evidence has already been recorded. On the other hand, the second part is mandatory and compels the Court to take any of the aforementioned steps if the new evidence appears to it essential to the just decision of the case. This is a supplementary provision enabling, and in certain circumstances imposing on the Court the duty of examining a material witness who would not be otherwise brought before the Court. It is couched in the widest possible terms and calls for no limitation, either with regard to the stage is at which the powers of the Court should be exercised, or with regard to the manner in which they should be exercised. It is not only the prerogative but also the plain duty of a Court to examine such of those witnesses as it considers absolutely necessary for giving justice between the State and the subject. There is a duty cast upon the Court to arrive at the truth by all lawful means and one of such is the examination of witnesses of its own accord when for certain obvious reasons either party is not prepared to call witnesses who are known to be in a position to speak to important relevant facts. The object underlying Section 311, Cr. P. C. is that there may not be failure of justice on account of mistake of either party in bringing the valuable evidence on record or leaving ambiguity in the statements of the witnesses examined from either side. The determinative factor is whether it is, essential to the just decision of the case The Section is not limited only for the benefit of the accused, and it will not be an improper exercise of the powers of the Court to summon a witness under the Section merely because the evidence supports the case for the prosecution and not that of the accused. The Section is a general Section which applies to all proceedings, enquiries and trials under the Cr. P. C. and empowers Magistrate to issue summons to any witness at any stage of such proceedings, trial or enquiry. Sections 239, 185 and 311, Cr. P. C. coexist supplementing one another. In Section 311 the significant expression that occurs is at any stage of inquiry or trial or other proceeding under this Code". It is, however, to be borne in mind that whereas the Section confers a very wide power on the Court on summoning witnesses, the discretion conferred is to be exercised judiciously, as the wider the power the greater is the necessity for application of judicial mind.

( 3 ) AS indicated above, the Section is wholly discretionary. The second par