Delhi High Court ruling in Sh. Vimal Ghai v. Sh. M.P. Sharma (CRL.M.C. 4782/2024, decided 5 January 2026):
Headnotes
Section 311 CrPC – Scope of recall Section 311 CrPC empowers court to summon or recall witnesses at any stage to prevent failure of justice; power is discretionary, exercised only for strong and valid reasons, with caution and circumspection. (Paras 11–12)
Change of counsel – Not a ground Engagement of new counsel does not confer right to recall witnesses; otherwise trials would be endlessly delayed by successive applications. (Paras 16, citing Govind Mandal v. State of NCT of Delhi)
Fair trial – Balanced perspective Fair trial under Article 21 must be seen from perspective of accused, victim, and society; recall cannot be allowed merely on convenience or vague plea of fairness. (Para 17, citing Shiv Kumar Yadav, 2016)
Cross‑examination already conducted Complainant/respondent was cross‑examined on three occasions (03.12.2022, 22.12.2022, 07.03.2023); petitioner had ample opportunity to put relevant questions. (Paras 13, 18)
Delay in application – Prejudice Application for recall filed in 2024, long after closure of complainant’s evidence; belated stage recall would prejudice respondent and derail proceedings. (Paras 9, 15)
Misuse of Section 311 – Prevented Court held Section 311 cannot be misused to fill lacunae or prolong trial; repeated recall causes undue hardship to witnesses and miscarriage of justice. (Paras 19)
Petition dismissed – No merit
