Closing of Evidence--Summoning of Witnesses--Evidence May Be Closed When Presence of Witnesses Cannot Be Secured Despite All Efforts and Indefinite Prolongation Defeats Right to Speedy Trial
When presence of witnesses summoned under Section 311 CrPC cannot be secured despite all efforts, including service of bailable and arrest warrants, the trial court is justified in closing such evidence. Prolonging a criminal trial indefinitely to secure recalcitrant witnesses defeats the right of the accused to speedy trial. The power under Section 311 must be exercised judiciously and cannot be invoked to cause undue delay. The role of a victim or informant is limited to assisting the public prosecutor and does not extend to claiming an independent or overriding right to conduct, control, or indefinitely prolong the prosecution. Thus, Section 311 CrPC Doesn't permit indefinite delay where witnesses remain unavailable; consequently, closure of evidence is justified
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