Mrs. Roopa vs State Of Karnataka on 1 July, 2026

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    Karnataka High Court

    Mrs. Roopa vs State Of Karnataka on 1 July, 2026

    Author: M.Nagaprasanna

    Bench: M.Nagaprasanna

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                       HC-KAR
    
    
    
                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU
    
                                 DATED THIS THE 1ST DAY OF JULY, 2026
    
                                                BEFORE
                              THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
                              WRIT PETITION NO. 33247 OF 2025 (GM-RES)
                       BETWEEN:
    
                             MRS. ROOPA
                             WIFE OF LATE RAMACHANDRA
                             AGED ABOUT 42 YEARS
                             RESIDING AT CHAKKERE
                             VILLAGE, MALURU HOBLI
                             CHANNAPATNA TALUK,
                             RAMANAGARA, KARNATAKA - 562 159,
                             PRESENTLY AT BENGALURU.
                                                                     ...PETITIONER
                       (BY SRI. PONNANNA M.B, ADVOCATE)
    
                       AND:
    
                       1.    STATE OF KARNATAKA
    Digitally signed
    by                       BY MADDUR POLICE STATION
    PADMAVATHI B             MADDUR, KARNATAKA - 571 428.
    K
    Location: High
    Court of           2.    LATE RAJU V.K.
    Karnataka
                             DEAD, ABATED
                             SON OF KADEGOWDA
                             AGED ABOUT 57 YEARS
    
                       3.    MRS. MAMATHA
                             WIFE OF MR. RAJU
                             AGED ABOUT 55 YEARS.
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    4.   MR. VIJAYKUMAR
         SON OF MR. RAJU
         AGED ABOUT 36 YEARS
    
    5.   MRS. CHIKKATHAYAMMA
         WIFE OF LATE MALABORAIAH
         AGED ABOUT 72 YEARS
    
    6.   MRS. SAVITHA
         WIFE OF LATE JAYARAMU
         AGED ABOUT 53 YEARS
    
    7.   MRS. SMITHA
         WIFE OF MR. NANJUNDEGOWDA
         AGED ABOUT 38 YEARS
    
         ALL ARE RESIDING AT
         VALEGEREHALLI VILLAGE
         MADDUR TALUK, MANDYA
         KARNATAKA - 571 428.
                                              ...RESPONDENTS
    (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1)
    
          THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
    THE CONSTITUTION OF INDIA R/W SEC. 482 OF THE CR.P.C,
    1973 PRAYING TO A. ISSUE A WRIT IN THE NATURE OF
    CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
    DIRECTION QUASHING OR SETTING ASIDE THE IMPUGNED
    ORDER DATED 09.10.2025 IN ANNEXURE-A PASSED BY THE
    HONBLE COURT OF I ADDL. DISTRICT AND SESSIONS COURT
    AT MANDYA IN SC. 33/2021 ONLY INSOFAR AS THE ORDER OF
    REJECTING THE PRAYER OF THE PROSECUTION TO ISSUE
    WITNESS SUMMONS TO DR. YAMUNA RAJ, MIMS, MANDYA.
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         THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
    
    ORDER WAS MADE THEREIN AS UNDER:
    
    CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
    
    
                                ORAL ORDER

    The petitioner is before the Court seeking the following

    prayers:

    SPONSORED

    “A. Issue a WRIT in the nature of Certiorari or any
    other appropriate Writ, Order or Direction quashing
    or setting aside the impugned order dated
    09.10.2025 in ‘ANNEXURE-A’ passed by the
    Hon’ble Court of I Addl. District and Sessions Court
    at Mandya in SC.33/2021 only insofar as the order
    of rejecting the prayer of the prosecution to issue
    witness summons to Dr. Yamuna Raj, MIMS,
    Mandya.

    B. Pass an Order or direction allowing the application
    in ‘ANNEXURE – B’ filed by prosecution under
    section 311 of Cr.P.C. in its entirety by issuing
    witness summons to both the proposed witnesses
    mentioned therein, in the interest of justice and fair
    trial.

    C. Pass such other order or orders and grant such
    other relief or reliefs as this Hon’ble Court may
    deem fit in the facts and circumstances of the case,
    in the interest of justice and fair trial.”

    2. Heard Sri. Ponnanna M.B., learned counsel

    appearing for the petitioner and Sri. K. Nageshwarappa,

    learned High Court Government Pleader appearing for

    respondent No.1.

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    3. The petitioner is the complainant, registers a

    complaint which becomes a crime and the matter is now

    pending before the concerned Court as SC.No.33/2021 for

    several offences. The issue in the lis is not with regard to the

    merit of the matter. The prosecution files an application under

    Section 311 of Code of Criminal Procedure, 1973 (‘the Cr.P.C.’

    for short) seeking recall of two witnesses for further

    examination. While one is allowed, the other is rejected. It is

    therefore, the petitioner/complainant is before the Court.

    4. The concerned Court passes the following order.

    REASONS

    8. The learned Public Prosecutor contended that the
    proposed witnesses are the material witnesses in the
    case and those witnesses are essential for the just
    decision of the case. Therefore, she prayed to allow the
    said application.

    9. Per contra, the learned counsel for the accused No.4
    to 6 contended that the death of Abhilasha is not in
    dispute. However, there is no valid reason to summon
    the proposed witnesses in the case. The prosecution
    made a bald application and there is no cogent reason to
    summon the proposed witnesses. Hence, he prayed to
    reject the application.

    10. The charges framed against the accused for the
    offences punishable U/Sec. 498-A and 306 R/w 34 of
    IPC. To substantiate the charges, prosecution examined
    PW1.to PW27 witnesses. At the stage of evidence of
    PW27, the present application came to be filed to
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    summon Dr.Yamuna Raj, who attended Abilasha soon
    before her death and whose name appear in the
    MLC/Accident register; and Dr. Aravind Barad, the
    Scientific Officer who examined the death note of
    Abilasha.

    11. As per the prosecution version, the deceased
    Abilasha brought to the MIMS hospital, Mandya at 4.30
    p.m., on 03.07.2018 after consumption of the Tablets
    and while she was shifting to a Hospital at Mysore,
    deceased died and thereafter, dead body of deceased
    Abhilasha brought to MIMS hospital, Mandya. The
    proposed witness Dr.Yamuna Raj, Medical officer, MIMS
    Hospital, Mandya issued the medico legal intimation to
    the police. In the instant case, suicidal death of
    deceased, consuming atenolol-anti hypertensive drug is
    not in dispute. The cause for her suicidal death revealed
    only after surface of death note of deceased, three
    months after her death, while cleaning the house. Till
    such time, the cause for the death of deceased alleged in
    the case was not known. Further, it is not the case of
    prosecution that the deceased gave any statement
    implicating the accused, during her death bed. Under the
    said circumstances, the evidence of Dr.Yamuna Raj, the
    medical officer of MIMS hospital who issued the medico
    legal intimation and provided medical assistance, when
    deceased brought to the said hospital, is not essential to
    decide the matter and her evidence is not material in the
    case. Hence, there is no ground to summon Dr.Yamuna
    Raj for her evidence.

    12. As per the prosecution version, the deceased left
    with death note which implicated the accused. The
    prosecution subjected the said death note through
    handwriting expert and such handwriting expert gave his
    opinion with regard to the handwriting of death note
    after submission of the chargesheet. According to
    prosecution, Dr.Aravind Barad examined the death note
    and gave the report. So, his evidence is necessary to
    prove the examination and opinion of handwriting of
    deceased Abilasha in the death note. Hence, I hold the
    above point in the ‘Partly Affirmative’ and I proceed to
    pass the following:

    ORDER
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    The application filed by the prosecution U/Sec. 311 of
    Cr.P.C. dated 21.07.2025 is partly allowed.

    Dr. Aravind Barad, Senior Scientific Officer Questioned
    Documents Section, RFSL, Bengaluru-68 is summoned
    for his evidence.

    The prayer of prosecution to issue summons to Dr.
    Yamuna Raj, MIMS, Mandya for her evidence, is rejected.

    Issue summons to Dr. Aravind Barad, Senior Scientific
    Officer, Questioned Documents Section, RFSL,
    Bengaluru-68 for his evidence, r/by:23.10.2025.”

    A perusal at the order would indicate its flaw. The flaw in

    the order would be apparent on the perusal of the order itself,

    as the concerned Court permits one witness to be permitted to

    be recalled for further examination, while denies the other. The

    other being imperative, the concerned Court ought to have

    permitted both the witnesses in the light of the judgment of the

    Apex Court in the Apex Court in the case of VARSHA GARG

    Vs. STATE OF MADHYA PRADESH reported in 2022 SCC

    OnLine SC 986, wherein it has held as follows:

    “31. Having clarified that the bar under Section 301
    is inapplicable and that the appellant is well placed to
    pursue this appeal, we now examine Section 311 of CrPC.
    Section 311 provides that the Court “may”:

    (i) Summon any person as a witness or to examine
    any person in attendance, though not summoned as a
    witness; and
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    (ii) Recall and re-examine any person who has
    already been examined.

    32. This power can be exercised at any stage
    of any inquiry, trial or other proceeding under the
    CrPC. The latter part of Section 311 states that the
    Court “shall” summon and examine or recall and re-

    examine any such person “if his evidence appears
    to the Court to be essential to the just decision of
    the case”. Section 311 contains a power upon the
    Court in broad terms. The statutory provision must
    be read purposively, to achieve the intent of the
    statute to aid in the discovery of truth.

    33. The first part of the statutory provision which
    uses the expression “may” postulates that the power can
    be exercised at any stage of an inquiry, trial or other
    proceeding. The latter part of the provision mandates the
    recall of a witness by the Court as it uses the expression
    “shall summon and examine or recall and reexamine any
    such person if his evidence appears to it to be essential to
    the just decision of the case”. Essentiality of the evidence
    of the person who is to be examined coupled with the
    need for the just decision of the case constitute the
    touchstone which must guide the decision of the Court.
    The first part of the statutory provision is discretionary
    while the latter part is obligatory.

    34. A two judge Bench of this Court in Mohanlal
    Shamji Soni (supra) while dealing with pari materia
    provisions of Section 540 of the Criminal Code of
    Procedure 1898 observed:

    “16. The second part of Section 540 as
    pointed out albeit imposes upon the court an
    obligation of summoning or recalling and re-
    examining any witness and the only condition
    prescribed is that the evidence sought to be obtained
    must be essential to the just decision of the case.
    When any party to the proceedings points out the
    desirability of some evidence being taken, then the
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    court has to exercise its power under this provision

    — either discretionary or mandatory — depending on
    the facts and circumstances of each case, having in
    view that the most paramount principle underlying
    this provision is to discover or to obtain proper proof
    of relevant facts in order to meet the requirements
    of justice.”

    35. Justice S Ratnavel Pandian, speaking for the
    two judge Bench, noted that the power is couched in the
    widest possible terms and calls for no limitation, either
    with regard to the stage at which it can be exercised or
    the manner of its exercise. It is only circumscribed by the
    principle that the “evidence to be obtained should appear
    to the court essential to a just decision of the case by
    getting at the truth by all lawful means.” In that context
    the Court observed:

    “18 …Therefore, it should be borne in mind
    that the aid of the section should be invoked only
    with the object of discovering relevant facts or
    obtaining proper proof of such facts for a just
    decision of the case and it must be used judicially
    and not capriciously or arbitrarily because any
    improper or capricious exercise of the power may
    lead to undesirable results. Further it is incumbent
    that due care should be taken by the court while
    exercising the power under this section and it should
    not be used for filling up the lacuna left by the
    prosecution or by the defence or to the disadvantage
    of the accused or to cause serious prejudice to the
    defence of the accused or to give an unfair
    advantage to the rival side and further the additional
    evidence should not be received as a disguise for a
    retrial or to change the nature of the case against
    either of the parties.”

    36. Summing up the position as it obtained from
    various decisions of this Court, namely Rameshwar Dayal
    v. State of U.P.
    , State of W.B. v. Tulsidas Mundhra,
    Jamatraj Kewalji Govani v. State of Maharashtra, Masalti
    v. State of U.P.
    , Rajeswar Prosad Misra v. State of W.B.
    and R.B. Mithani v. State of Maharashtra, the Court held:

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    “27. The principle of law that emerges from
    the views expressed by this Court in the above
    decisions is that the criminal court has ample power
    to summon any person as a witness or recall and re-

    examine any such person even if the evidence on
    both sides is closed and the jurisdiction of the court
    must obviously be dictated by exigency of the
    situation, and fair play and good sense appear to be
    the only safe guides and that only the requirements
    of justice command the examination of any person
    which would depend on the facts and circumstances
    of each case.”

    37. The power of the court is not constrained by the
    closure of evidence. Therefore, it is amply clear from the
    above discussion that the broad powers under Section
    311
    are to be governed by the requirement of justice. The
    power must be exercised wherever the court finds that
    any evidence is essential for the just decision of the case.
    The statutory provision goes to emphasise that the court
    is not a hapless bystander in the derailment of justice.
    Quite to the contrary, the court has a vital role to
    discharge in ensuring that the cause of discovering truth
    as an aid in the realization of justice is manifest.

    38. Section 91 CrPC empowers inter alia any Court
    to issue summons to a person in whose possession or
    power a document or thing is believed to be, where it
    considers the production of the said document or thing
    necessary or desirable for the purpose of any
    investigation, inquiry, trial or other proceeding under the
    CrPC.

    39. Section 91 forms part of Chapter VII of CrPC
    which is titled “Processes to Compel the Production of
    Things”. Chapter XVI of the CrPC titled “Commencement
    of Proceedings before Magistrates” includes Section 207
    which provides for the supply to the accused of a copy of
    the police report and other documents in any case where
    the proceeding has been instituted on a police report.25
    Both operate in distinct spheres.

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    40. In the present case, the application of the
    prosecution for the production of the decoding registers is
    relatable to the provisions of Section 91 CrPC. The
    decoding registers are sought to be produced through the
    representatives of the cellular companies in whose
    custody or possession they are found. The decoding
    registers are a relevant piece of evidence to establish the
    co-relationship between the location of the accused and
    the cell phone tower. The reasons which weighed with the
    High Court and the Trial Court in dismissing the
    application are extraneous to the power which is
    conferred under Section 91 on the one hand and Section
    311
    on the other. The summons to produce a document
    or other thing under Section 91 can be issued where the
    Court finds that the production of the document or thing
    “is necessary or desirable for the purpose of any
    investigation, trial or other proceeding” under the CrPC.
    As already noted earlier, the power under Section 311 to
    summon a witness is conditioned by the requirement that
    the evidence of the person who is sought to be
    summoned appears to the Court to be essential to the
    just decision of the case.

    41. PWs 33, 41, 43 and 48, who were the nodal
    officers of Idea, Airtel, Reliance and Vodafone have
    already been examined. During the examination of PW-
    41, the nodal officer of Airtel, the witness specifically
    deposed during the course of examination that:

    “2. Call detail of mobile number
    XXXXXXXXXX, which has 134 pages is Exhibit P-104,
    I sent the same detail of the call to the police. Each
    page of the same has seal of Bharti Airtel on the
    same. Call detail contains date and time wise detail
    of call and short message services made/sent and
    received by the customer. Additionally, location of
    the mobile number is available in code number along
    with the time of the call or message for which call
    detail is provided. Location of the call made by the
    mobile number in certain time has been shown with
    codes, I cannot state name of the location today by

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    seeing the code. Location can be stated after
    decoding the same. We have coding chart for
    location, by seeing the same location can be started.
    I don’t have aforesaid chart along with me. Aforesaid
    chart is available in the office.”

    (emphasis supplied)

    42. The relevance of the decoding register clearly
    emerges from the above statement of PW-41. Hence, the
    effort of the prosecution to produce the decoding register
    which is a crucial and vital piece of evidence ought not to
    have been obstructed. In terms of the provisions of
    Section 311, the summoning of the witness for the
    purpose of producing the decoding register was essential
    for the just decision of the case.

    43. Having dealt with the satisfaction of the
    requirements of Section 311, we deal with the objection
    of the respondents that the application should not be
    allowed as it will lead to filling in the lacunae of the
    prosecution’s case. However, even the said reason cannot
    be an absolute bar to allowing an application under
    Section 311.

    44. In the decision in Zahira Habibullah Sheikh (5)
    v. State of Gujarat
    , which was more recently reiterated in
    Godrej Pacific Tech.
    Ltd. v. Computer Joint India Ltd.27,
    the Court specifically dealt with this objection and
    observed that the resultant filling of loopholes on account
    of allowing an application under Section 311 is merely a
    subsidiary factor and the Court’s determination of the
    application should only be based on the test of the
    essentiality of the evidence. It noted that:

    “28. The court is not empowered under the
    provisions of the Code to compel either the
    prosecution or the defence to examine any particular
    witness or witnesses on their side. This must be left
    to the parties. But in weighing the evidence, the
    court can take note of the fact that the best available
    evidence has not been given, and can draw an

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    adverse inference. The court will often have to
    depend on intercepted allegations made by the
    parties, or on inconclusive inference from facts
    elicited in the evidence. In such cases, the court has
    to act under the second part of the section.
    Sometimes the examination of witnesses as directed
    by the court may result in what is thought to be
    “filling of loopholes”. That is purely a subsidiary
    factor and cannot be taken into account. Whether
    the new evidence is essential or not must of course
    depend on the facts of each case, and has to be
    determined by the Presiding Judge.

    (emphasis supplied)

    45. The right of the accused to a fair trial is
    constitutionally protected under Article 21.
    However, in Mina Lalita Baruwa (supra), while
    reiterating Rajendra Prasad (supra), the Court
    observed that it is the duty of the criminal court to
    allow the prosecution to correct an error in interest
    of justice.
    In Rajendra Prasad (supra), the Court
    had held that:

    “8. Lacuna in the prosecution must be
    understood as the inherent weakness or a
    latent wedge in the matrix of the prosecution
    case. The advantage of it should normally go to
    the accused in the trial of the case, but an
    oversight in the management of the
    prosecution cannot be treated as irreparable
    lacuna. No party in a trial can be foreclosed
    from correcting errors. If proper evidence was not
    adduced or a relevant material was not brought on
    record due to any inadvertence, the court should be
    magnanimous in permitting such mistakes to be
    rectified. After all, function of the criminal court is
    administration of criminal justice and not to count
    errors committed by the parties or to find out and
    declare who among the parties performed better.”

    (emphasis supplied)

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    46. In the present case, the importance of the
    decoding registers was raised in the examination of PW-

    41. Accordingly, the decoding registers merely being
    additional documents required to be able to appreciate
    the existing evidence in form of the call details which are
    already on record but use codes to signify the location of
    accused, a crucial detail, which can be decoded only
    through the decoding registers, the right of the accused
    to a fair trial is not prejudiced. The production of the
    decoding registers fits into the requirement of being
    relevant material which was not brought on record due to
    inadvertence.

    47. Finally, we also briefly deal with the
    objection of the respondents regarding the stage at
    which the application under Section 311 was filed.
    The respondents have placed reliance on Swapan
    Kumar (supra), a two judge Bench decision of this
    Court, to argue that the application should not be
    allowed as it has been made at a belated stage. The
    Court in Swapan Kumar (supra) observed:

    “11. It is well settled that the power conferred
    under Section 311 should be invoked by the court
    only to meet the ends of justice. The power is to be
    exercised only for strong and valid reasons and it
    should be exercised with great caution and
    circumspection. The court has wide power under this
    Section to even recall witnesses for re-examination
    or further examination, necessary in the interest of
    justice, but the same has to be exercised after taking
    into consideration the facts and circumstances of
    each case. The power under this provision shall not
    be exercised if the court is of the view that the
    application has been filed as an abuse of the process
    of law.

    12. Where the prosecution evidence has been
    closed long back and the reasons for non-
    examination of the witness earlier are not
    satisfactory, the summoning of the witness at
    belated stage would cause great prejudice to the

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    accused and should not be allowed. Similarly, the
    court should not encourage the filing of successive
    applications for recall of a witness under this
    provision.”

    48. In the present appeal, the argument that
    the application was filed after the closure of the
    evidence of the prosecution is manifestly erroneous.
    As already noted above, the closure of the evidence
    of the prosecution took place after the application
    for the production of the decoding register and for
    summoning of the witness under Section 311 was
    dismissed. Though the dismissal of the application
    and the closure of the prosecution evidence both
    took place on 13 November 2021, the application by
    the prosecution had been filed on 15 March 2021
    nearly eight months earlier. As a matter of fact,
    another witness for the prosecution, Rajesh Kumar
    Singh, was also released after examination and
    cross-examination on the same day as recorded in
    the order dated 13 November 2021 of the trial
    court.

    49. The Court is vested with a broad and
    wholesome power, in terms of Section 311 of the
    CrPC, to summon and examine or recall and re-
    examine any material witness at any stage and the
    closing of prosecution evidence is not an absolute
    bar. This Court in Zahira Habibulla H. Sheikh
    (supra) while dealing with the prayers for adducing
    additional evidence under Section 391 CrPC at the
    appellate stage, along with a prayer for
    examination of witnesses under Section 311 CrPC
    explained the role of the court, in the following
    terms:

    “43. The courts have to take a
    participatory role in a trial. They are not
    expected to be tape recorders to record
    whatever is being stated by the witnesses.
    Section 311 of the Code and Section 165

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    of the Evidence Act confer vast and wide
    powers on presiding officers of court to
    elicit all necessary materials by playing an
    active role in the evidence-collecting
    process. They have to monitor the
    proceedings in aid of justice in a manner
    that something, which is not relevant, is
    not unnecessarily brought into record.
    Even if the prosecutor is remiss in some
    ways, it can control the proceedings
    effectively so that the ultimate objective
    i.e. truth is arrived at. This becomes more
    necessary where the court has reasons to
    believe that the prosecuting agency or the
    prosecutor is not acting in the requisite
    manner. The court cannot afford to be
    wishfully or pretend to be blissfully
    ignorant or oblivious to such serious
    pitfalls or dereliction of duty on the part of
    the prosecuting agency. The prosecutor
    who does not act fairly and acts more like
    a counsel for the defence is a liability to
    the fair judicial system, and courts could
    not also play into the hands of such
    prosecuting agency showing indifference
    or adopting an attitude of total aloofness.”

    (emphasis supplied)

    50. Further, in Zahira Habibullah Sheikh (5)
    (supra), the Court reiterated the extent of powers under
    Section 311 and held that:

    “27. The object underlying Section 311 of the
    Code 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

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    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 of the prosecution and not
    that of the accused. The section is a general
    section which applies to all proceedings,
    enquiries and trials under the Code and
    empowers the Magistrate to issue summons to
    any witness at any stage of such proceedings,
    trial or enquiry. In Section 311 the significant
    expression that occurs is “at any stage of any
    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.”

    (emphasis supplied)

    51. The Court while reiterating the principle
    enunciated in Mohanlal Shamji Soni (supra) stressed upon
    the wide ambit of Section 311 which allows the power to
    be exercised at any stage and held that:

    “44. The power of the court under
    Section 165 of the Evidence Act is in a way
    complementary to its power under Section 311
    of the Code. The section consists of two parts
    i.e. : (i) giving a discretion to the court to
    examine the witness at any stage, and (ii) the
    mandatory portion which compels the court to
    examine a witness if his evidence appears to
    be essential to the just decision of the court.
    Though the discretion given to the court is very
    wide, the very width requires a corresponding
    caution. In Mohanlal v. Union of India this

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    HC-KAR

    Court has observed, while considering the
    scope and ambit of Section 311, that the
    very usage of the words such as, “any
    court”, “at any stage”, or “any enquiry or
    trial or other proceedings”, “any person”

    and “any such person” clearly spells out
    that the section has expressed in the
    widest-possible terms and do not limit the
    discretion of the court in any way.

    However, as noted above, the very width
    requires a corresponding caution that the
    discretionary powers should be invoked as
    the exigencies of justice require and
    exercised judicially with circumspection
    and consistently with the provisions of the
    Code. The second part of the section does
    not allow any discretion but obligates and
    binds the court to take necessary steps if
    the fresh evidence to be obtained is
    essential to the just decision of the case,
    “essential” to an active and alert mind and
    not to one which is bent to abandon or
    abdicate. Object of the section is to enable
    the court to arrive at the truth irrespective
    of the fact that the prosecution or the
    defence has failed to produce some
    evidence which is necessary for a just and
    proper disposal of the case. The power is
    exercised and the evidence is examined
    neither to help the prosecution nor the
    defence, if the court feels that there is
    necessity to act in terms of Section 311
    but only to subserve the cause of justice
    and public interest. It is done with an
    object of getting the evidence in aid of a
    just decision and to uphold the truth.”

    (Emphasis supplied)

    5. In the light of the law as declared by the Apex

    Court, the petition deserves to succeed. The order of the

    concerned Court stands quashed. The application filed by the

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    prosecution is allowed in its entirety, which would be recall of

    both the witnesses for further examination.

    6. For the aforesaid reasons, the following:

    ORDER

    (i) The writ petition is allowed.

    (ii) The proceedings in SC.No.33/2021 pending on

    the file of I Additional District and Sessions

    Court at Mandya stands quashed.

    Sd/-

    (M.NAGAPRASANNA)
    JUDGE

    JY
    List No.: 1 Sl No.: 46



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