In Amarjeet @ Kaluwa v. State of UP & Anr., the Allahabad High Court has decided that from bare perusal of Section 311 Cr.P.C., it is apparent that in order to enable the Court to find out the truth and render a just decision, the salutary provisions of Section 311 are enacted whereunder any court by exercising its discretionary power at any stage of inquiry, trial or other proceeding can summon any person in attendance though not summoned as a witness or recall or re-examine any person already examined who are expected to be able to throw light upon the matter in dispute. The object of the provision as a whole is to do justice not only from the point of view of the accused and the prosecution but also from the point of view of an orderly society. This power is to exercised with caution and circumspection.
The High Court has further clarified that recall is not a matter of course and the discretion has been given to the court has to be exercised judicially to prevent failure of justice.
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