Law: Criminal Procedure Code (V of 1898)

Section: 540

(a) Criminal Procedure Code (V of 1898) S. 540-Recall of witness-Discretionary power-Can be invoked at any ,stage of enquiry or trial or even when arguments have been heard-Witness already examined can be recalled at any stage, if his evidence appears to be essential to just decision of case. Muhammad Akbar v. Emperor A I R 1948 Nag. 209 ; Nikunja Behari and others v. Nurul Absar and others P L D 1963 Dacca 360 ; Inayat and others v. Rex A 1 R 1950 All. 369 ; Mangat Rai v. .Emperor A I R 1928 Lah. 647 and Basil Ranger Lawrence v. Emperor A I R 1933 P C 218 rel. (b) Interpretation of statutes To interpret what has no need of interpretation-Not allowable. It is an elementary rule of interpretation of statutes that when the language of the statute is not only plan but admits of but one meaning, the task of interpretation can hardly be said to arise. It is not allowable to interpret what has no need of interpretation. Such language best declares, without more, the intention of the law-giver, and is decisive of it. The rule of con struction is "to intend the Legislature to have meant what they have actually expressed". It matters not, in such a case, what the consequences may be. Pakala Narayana Swami v. Emperor A I R 1939 P C 47 ; Grey v. Pearson (1857) 6 H L C 61 ; Income-tax Commissioner v. Pemsel 1891 A C 531 and Maxwell on Interpretation of Statutes, (10th Edn. 1953), pp. 3-4 rel. (c) Criminal Procedure Code (V of 1898) S. 540-Witnesss summoning of-Contention that order summoning evidence at Court's instance having been passed after examination of accused under S. 342, Criminal Procedure Code, 1898, was likely to prejudice them, as they would have no chance to rebut .such fresh evidence-Such evidence prejudicial to accused-Magistrate should re-examine accused with reference to new evidence and aford opportunity to him to lead further evidence in rebuttal. (d) Criminal trial -Delay--Cannot defeat ends of justice Limitation-Does not apply to criminal prosecutions. Date of hearing : 24th September 1969.   JUDGMENT This is a reference under section 438, Cr. P. C. by the learned Second Additional Sessions Judge, Hyderabad, recommending that the…