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Issues involved:
The petition filed under Article 226 and 227 of the Constitution of India read with Section 482 Code of Criminal Procedure assailing an order allowing the recall of witnesses under Section 311 Code of Criminal Procedure by the Special Judge, CBI. Judgment Details: Issue 1: Permission to Recall Witnesses The Petitioner argued that allowing the application to recall witnesses would nullify the evidence already led by the defense. The Respondent contended that the application was necessary to remove ambiguity regarding entries in the visiting register at the CBI office. The Court noted that Section 311 Code of Criminal Procedure empowers the court to summon or recall any person if their evidence is essential to the just decision of the case. The discretion of the court to summon or recall witnesses is unfettered. Issue 2: Legal Precedents The Supreme Court's judgment in the case of Fatehsinh Mohansinh Chauhan highlighted that the power under Section 311 Code of Criminal Procedure should be used to find the truth and ensure a just decision. The exercise of this power should not be considered as filling a lacuna in the prosecution case unless it causes serious prejudice to the accused leading to a miscarriage of justice. Issue 3: Court's Analysis The Court observed that the Petitioner had already submitted extracts of the visitors register and led evidence, disputing the Respondent's claim. The request to recall witnesses was deemed essential to clarify the situation after the defense had presented its evidence. The Court found no fault in the Respondent's approach and concluded that the impugned order did not suffer from any illegality, arbitrariness, or perversity, nor would it result in a miscarriage of justice. Conclusion The Court dismissed the petition, along with the pending applications, as it declined to interfere in the order allowing the recall of witnesses, citing the objective of eliciting the truth and ensuring a just decision in the case.
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