Summoning of Witness--Complainant Can Move Application To Summon Witnesses--Public Prosecutor's Application Not a Precondition for Exercise of Power to Summon Witnesses or Exhibit Documents
Under Section 311 CrPC (now Section 348 BNSS), a trial court may summon witnesses or exhibit documents at any stage of trial, including after closure of evidence, if such evidence appears essential for just decision. An application by the Public Prosecutor is not a precondition for exercise of this power. A complainant in a State case has locus standi to file such an application. At the stage of deciding such an application, the court need not adjudicate upon admissibility, reliability, or probative value of the materials — these aspects are reserved for the stage of appreciation of evidence.
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