IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11746 of 2008 PARMESHWAR PRASAD @ PARMESHWAR Versus STATE OF BIHAR ----------- 2 7.7.2008 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order dated 18.2.2008 by which the Sessions Judge, Siwan has rejected the prayer of the petitioner to recall Lal Babu Sah for the purpose of cross examination. Learned counsel for the petitioner submits that all the witnesses have turned hostile except Lal Babu Sah. None of them has supported the prosecution case. Learned counsel submits that Lal Babu Sah has enmity with the petitioner and it is for this reason that he has deposed contrary to the deposition of the informant and other witnesses. Section 311 of the Code of Criminal Procedure provides that “Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.” The power of the Court below to recall and re-examine a witness is a discretionary power and it has to be exercised only to be it is essential to the just decision of the case. In the present case re- examination of the witness is not essential for the purpose of a just decision of the case and as such I find that the order of the Court below 2 does not suffer from any infirmity. This application is dismissed. Sanjay (Sheema Ali Khan, J.)