Section 311 of the Criminal Procedure Code, 1973 (corresponding to Section 540 of the old Code of 1898) empowers a criminal court at any stage of inquiry, trial, or other proceedings to:

• Summon any person as a witness (!) (!) (!) (!) .
• Examine any person in attendance, though not summoned as a witness (!) (!) .
• Recall and re-examine any person already examined (!) (!) .

The provision has two parts: - The first part is permissive and discretionary, allowing the court to act in the interest of justice (!) (!) (!) . - The second part is mandatory: the court shall summon or recall if the evidence appears essential to the just decision of the case (!) (!) (!) (!) (!) .

Key principles governing its exercise: - Expressed in the widest terms ("any court", "at any stage", "any person"), without limits on stage or manner, as long as the court retains seisin of the proceedings (!) (!) (!) (!) [5000058230012]. - Invoked by exigency of the situation, for discovering truth and ensuring justice, not as a umpire but actively finding relevant facts (!) [5000058230006][5000058230013]. - Not for filling lacunae in prosecution or defence, causing prejudice, or giving unfair advantage; must be judicial, circumspect, and for proper proof of relevant facts (!) [5000058230010][5000058230011]. - Applicable even after closure of evidence on both sides, defence arguments, or examination under Section 342 (old Code)/Section 313 (new Code), unless judgment is pronounced (!) [5000058230012][5000058230016]. - Best evidence should be adduced; court aids justice but cannot compel parties initially [5000058230006].

Safeguards: - If additional/fresh evidence is admitted against the accused, they must be given a fair opportunity to rebut, cross-examine, and lead rebuttal evidence, per natural justice (!) (!) (!) [5000058230014][5000058230020].

In this case: The High Court correctly allowed recall of one witness and summoning of two new ones post-defence closure to prove foreign markings on seized lagadis, as no prejudice to accused; existing evidence already covered search warrant and seizure, making it essential for just decision (!) [5000058230015].

Revision under Section 397: Proceedings under old Code governed by its provisions (