Law: Criminal Procedure Code (V of 1898)

Section: 540

(a) Criminal Procedure Code (V of 1898)--- ----S. 540---Power to summon material witness or examine person present---Re-summoning of witness---Filing of application at belated stage---Scope---Accused assailed order passed by trial court whereby it allowed the application of prosecution for re-summoning of Magistrate on the ground that controversy as to the date on which the application for identification parade was filed needed to be addressed---Held; contention of accused that the court could not exercise power of re-summoning any witness once that power was exercised could not be accepted nor could the power be whittled down merely on the ground that the prosecution had discovered laches at belated stage---Steps which the Trial Court took in the case for re-summoning witness could not be spurned down---Revision petition was dismissed. (b) Criminal Procedure Code (V of 1898)--- ----S. 540---Power to summon material witness or examine person present---Scope---Perusal of S. 540, Cr.P.C. goes to show that at any stage of proceedings, the Court has ample power to summon and examine a person as a witness or recall or re-examine any person already examined. (c) Criminal Procedure Code (V of 1898)--- ----S. 540---Power to summon material witness or examine person present---Scope---Oversight or mistake during conducting of case cannot be understood as lacuna and so can be corrected---Lacuna in prosecution case is not to be equated with the fallout of an oversight committed by a public prosecutor during trial, either in producing relevant materials or in eliciting relevant answers from witnesses---Adage ‘to err is human’ is the recognition of the possibility of making mistakes to which humans are proved---Lacuna in the prosecution must be understood as the inherent weakness in the matrix of the prosecution case---Advantage of lacuna should normally go to the accused in the trial of the case, but an oversight in the prosecution cannot be treated as irreparable lacuna---Function of the criminal court is administration of criminal justice and not to count errors committed by the parties or to find out and declare who among the parties performed better. (d) Criminal…

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