When informant can himself file petition to recall certain witness?

Supreme Court: Resolving the conflict regarding the ambit of Section 301, Cr.P.C, 1973, the Court held that the ambit of the said Section is very wide. The 2-judge bench of Hon’ble Surinder Singh Nijjar and Fakkir Mohamed Ibrahim, JJ held that if the Special Public Prosecution does not act upon the information given by the informant, the informant can himself file the petition to recall certain witness and this step taken by the informant will not be not beyond the authority granted to an informant or private person under Section 301, Cr.P.C. and the there is no need of approaching Special Public Prosecutor in order to work out the remedies under Section 301, Cr.P.C. Further, the Court said that, if we see the ambit of section 311, Cr.P.C than it empowers the Court to summon any witness or examine person present at any stage of any inquiry, trial or other proceedings under Cr.P.C. The Court can also recall and re-examine any person already examined whose evidence appear to be essential to the just decision of the case.

In the present case, the appellant is a Catholic Nun who allegedly was brutally assaulted, molested and also gang raped. She had approached the Special Public Prosecutor in order to set right the misstatement of the Sub-Divisional Judicial Magistrate before whom the Identification Parade.took place and who retracted his statements before the District and Sessions Judge.[Sister Mina Lalita Baruwa v. St. of Orissa, Criminal Appeal No. 2044 of 2013, decided on December 05, 2013]

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