The power to recall a witness under Section 311 of CrPC should be exercised in rare and deserving cases.

Sudhanshu Dhulia, J.

Mr. Lokendra Dobhal, Advocate present for the applicant.

2. Ms. Mamta Joshi, Brief Holder present for the State.

3. This Criminal Miscellaneous Application under Section 482 of CrPC, has been filed by the applicant challenging the order dated 03.11.2017 passed by the learned Judicial Magistrate 1st, Dehradun in Criminal Case No. 494 of 2013, whereby the application moved by the applicant under Section 311 of CrPC for recalling the witnesses has been rejected.

4. It is an extremely old matter. The prosecution has failed to examine any of its witnesses for the last ten years. Subsequently, the opportunity to adduce evidence on behalf of the prosecution was closed and now the statement of the accused under Section 313 of CrPC has also been recorded. Now an application for recalling the witnesses has been filed by the prosecution, which has been dismissed by the trial court vide order dated 03.11.2017.

5. At this stage, when the statement of the accused under Section 313 of CrPC has been recorded, there was no occasion for the court below for interfering with the matter by allowing the application of the applicant/prosecution witness under Section 311 of CrPC as it is a very stale matter and pending before the court below since 2005.

6. The powers given to court for recalling a witness under Section 311 of Cr.P.C., are to be exercised in rare and deserving cases.

7. Under these circumstances, this Court finds no ground for interfering in the order passed by the learned court below rejecting the application moved by the applicant under Section 311 of CrPC.

8. Consequently, criminal misc. application fails and is hereby dismissed.