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TMI Blog2011 (12) TMI 607X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 311 of Cr. P.C. of the petitioner was dismissed. 2. The petitioner filed the aforesaid application for recalling PW-3 for cross-examination and also for examination of PWs Kannaiya Lal Jain, Prem Chand and Bhupender, and M.K. Zutshi. The said application was dismissed vide the impugned order by the ACMM. While dismissing the application, the learned ACMM reasoned as under : P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry old one of the year 1987 and after the closing of evidence on 31-10-2006 even the statement under section 313 Cr. P.C. of two accused persons has already been recorded in the year 2010. The present application under section 311 Cr. P.C. has been filed by complainant (DRI) at a very belated stage i.e. in the year 2010. Although it is a settled law that the said application can be filed at any st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tated that recalling of PW-3 for cross-examination after charge and examination of the other witnesses named above, was essential for the just decision of the case. 4. There is no dispute with regard to the proposition of law that under Section 311 Cr. P.C. the Court has power to recall any witness or witnesses already examined or to summon any fresh witness even if the evidence of both sides i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... post charge evidence with the last opportunity given on 8-3-2006. PW-3 B.S. Vasudev, who was sought to be recalled, was not produced for cross-examination after charge. On 31-10-2006, the prosecution evidence was closed. The statement of accused under Section 313 Cr. P.C. has already been recorded in the year 2010. Not only that, no reason has been given for non-examination of Kannaiya Lal Jain, P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he delay in filing the present petition assailing the impugned order. The trial has already protracted at the trial Court stage for more than 24 years and I am of the view that the exercise of judicial discretion does not permit to make respondent suffer for an indefinite period. There has to be put an end to such trials conducted by the department with condemnable lethargic attitude. The petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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