Law:

Section:

(a) Criminal trial-----Practice and procedure-Witness-Practice of Public Prosecutor in giving up eye-witness at an early stage of case and that of Sessions Court in too readily recording such a request strongly deprecated-[Practice and procedure--Witness]. (b) Criminal trial- -- Practice and procedure-Practice of Sessions Court in not conducting trial day to day, strongly condemned. (c) Criminal Procedure Code (V of 1898) S. 265-F Witness, examination of Prosecution case does not close under S. 265-F, Cr. P. C. till accused examined-Prosecution witnesses cited in challan, can be examined after Public Prosecutor has clued his evidence but before examination of accused. (d) Criminal Procedure Code (V of 1898)- Ss. 265-F & 540-Witness, resummoning of-Eye-witness given up at early stage on erroneous assumption that other eye-witnesses would support the case-Due to innumerable adjournments in case other eye-witnesses being won over later-Re-summoning of eye-witness earlier given up-Summoning of such witness given up by Public Prosecutor prematurely under an inadvertent mistake or erroneous assumption of facts or on wrong premises, permissible-Not violative of any legal principle nor amounts to filling up of gap in prosecution case.-[Witness]. At any stage before the examination of the accused, the prosecution can press for the summoning of a witness previously given up as unnecessary or being won over, if it can show that when he was so given up, the Public Prosecutor had done so under an inadvertent mistake or on an erroneous assumption of facts. Such a witness can be summoned under subsection (2) of section 265-F, Cr. P. C., for where a power is given to summon witnesses, who have already been cited as such in the police report, the power to summon such of them who have been given up under an inadvertent mistake or an erroneous assumption of facts or on wrong premises, is obviously included. The fact that the request is made after the Prosecutor has closed his evidence, but before the accused has been examined, does not render the subsection inoperative. What is only to be seen is that the person who is to be summoned is one whose name appears as a witness in…

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