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TMI Blog2019 (1) TMI 1973X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 vide power under this Section to even recall witnesses for reexamination 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. In the instant case, the case was registered in the year 1983. 29 prosecution witnesses have already been examined. The application of the prosecution ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DUL NAZEER, J. 1. Leave granted. 2. The appellant- Swapan Kumar Chatterjee has challenged the order dated 04.05.2017 in CRR No. 440/2015 passed by the High Court at Calcutta, whereby the High Court confirmed the order dated 05.12.2014 passed by the Trial Court permitting the Signature Not Verified Digitally signed by examination of one witness Mr. H.S. Tuteja. 3. Brief facts necessary for disposal of this appeal are as under: 4. A complaint was lodged by one Mr. P.N. Khanna before the Superintendant of Police, Central Bureau of Investigation (for short 'CBI'), Economic Offences Wing, Church Lane Calcutta, where the present appellant with others was arrayed as accused in CBI case No.7/E/83 dated 20.08.1983 under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come up with a petition either praying for time or for adjournment of the matter. 5. Interestingly, this practice has been going on unopposed for a period of thirteen years starting from the year 2004. It is necessary to notice here that the High Court of Calcutta in CRR No. 3436 of 2006 disposed of on 28.07.2011 gave a last opportunity to the CBI to procure attendance of Mr. H.S. Tuteja. It was observed that in case of failure on the part of the CBI to procure his attendance, and the attendance of other witnesses and get them examined, the Trial Court will proceed further with the trial without granting any further adjournment to the CBI keeping in mind that the case is still pending from the year 1985. 6. However, the Trial Court st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case. 11. The first part of this Section which is permissive gives purely discretionary authority to the criminal court and enables it at any stage of inquiry, trial or other proceedings under the Code to act in one of the three ways, namely, (i) to summon any person as a witness; or (ii) to examine any person in attendance, though not summoned as a witness; or (iii) to recall and re-examine any person already examined. The second part, which is mandatory, imposes an obligati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xamination. Thereafter, multiple applications have been filed to summon him and all of them have been allowed. However, the prosecution has failed to procure his attendance in the court. 15. As mentioned earlier, on 28.07.2011 the High Court of Calcutta gave the prosecution a last opportunity to procure his attendance and declared that in case of failure on the part of the CBI to procure the attendance of witnesses and get them examined, the Trial Court will proceed further with the trial without granting any further adjournment to the CBI. Even thereafter, the applications filed by the CBI have been allowed. 16. On 15.09.2014, yet again, the High Court in a criminal revision application observed that since the trial is pending for a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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