A division bench of the Apex Court held that under section 311 of Cr.P.C. (read along with the Section 165 of Evidence Act), a Criminal Court has wide power to summon any person as witness, at any stage of the case, even after completion of defence evidence and argument stages.

From Para 9,

9. The very usage of the words such as ‘any court’, ‘at any stage’, or ‘of any enquiry, trial or other proceedings’, ‘any person’ and ‘any such person’ clearly spells out that this section is expressed in the widest possible terms and do not limit the discretion of the court in any way. However, the very width requires a corresponding caution that the discretionary power should be invoked as the exigencies of justice require and exercised judicially with circumspection and consistently with the provisions of the Code. The second part of the section does not allow for any discretion but it binds and compels the court to take any of the aforementioned two steps if the fresh evidence to be obtained is essential to the just decision of the case.

Citations: [AIR 1991 SC 1346], [1991 CRILJ 1521], [1991 (1) CRIMES 818(SC)], [1991 (33) ECC 18], [1992 (61) ELT 521(SC)], [1991 (1) SCALE 401], [1991 SUPP (1) SCC 271], [1991 (2) UJ 43 (SC)], [1991 SCC(CRI) 595], [1992 CRIAPPR(SC) 73], [1991 (1) SCR 712], [1991 (1) GUJLH 11], [1991 (3) JT 17], [(1991) ALLCRIR 725], [(1992) SC CR R 51], [1991 CRILR(SC MAH GUJ) 286], [1992 CHANDLR(CIV&CRI) 421], [(1992) 1 CHANDCRIC 78], [(1991) 33 ECC 18], [(1991) 2 GUJ LR 974], [(1991) 3 RECCRIR 182], [(1991) MADLW(CRI) 284], [(1997) 68 ECR 783]

Other Sources:

https://indiankanoon.org/doc/171510013/

https://www.casemine.com/judgement/in/5609ac6be4b014971140ed29

Index