Recall of Witness -- Closure of Prosecution Evidence -- Does not bar exercise of power to summon or recall witnesses
(i) Code of Criminal Procedure, 1973, S.311 -- Recall of Witness -- Closure of Prosecution Evidence -- Does not bar exercise of power to summon or recall witnesses -- The power to summon, recall, or re-examine a material witness is an independent statutory power exercisable at any stage of inquiry or trial before final judgment. Prior closure of prosecution evidence does not divest the court of this power where such evidence is essential for a just decision. (ii) Code of Criminal Procedure, 1973, S.362 -- Recall of Witness -- Bar on Review of Final Orders -- Not applicable to interlocutory closure of evidence -- The bar against review of a judgment or final order applies only after signing of such judgment or order. An order closing evidence is neither a judgment nor a final order and does not render the court functus officio, so it does not attract the bar against review during pendency of trial.
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