2021 PCrLJ 1520
2017 PCrLJ 1319
Criminal Procedure Code (V of 1898)---
---S. 540---Material witness, summoning of---Interpretation and principles of S. 540, Cr.P.C. summarized.
Principles under S. 540, Cr.P.C. are summarized as under:--
i. The power cannot be used either to advance the case of the prosecution or that of the defence.
ii. It is obligatory upon the Court to allow the production and examination of evidence, where it is essential for the just decision of the case.
iii. Once it appears to the Court that the evidence was essential for a just decision then delay in moving the application was not relevant.
iv. The Court has suo motu powers to exercise jurisdiction under the provisions if it appears to it that doing so would be essential for a just decision.
v. The application under section 540 of Cr.P.C. cannot be dismissed summarily by holding that either the witness was not mentioned in the Challan or that it was belated or it might fill up lacuna in the prosecution case, unless the totality of material placed before the Court was considered to find out whether exercising powers would be essential for a just decision of the case.
vi. The Court has to form its opinion as to whether the evidence of any person is essential to the just decision and any order passed ought to reflect an application of a judicial mind.
vii. The Court is vested with wide powers and the same can be exercised at any stage of the case.
viii. The Court shall form its opinion by taking into consideration the facts and circumstances of each case.
ix. The Court has to exercise such powers judiciously and for a just decision of the case. Where a Court finds after an application of mind that the investigations carried out were defective then in such an event it cannot sit idle and becomes a duty to exercise all the enabling provisions under the law including section 540 of Cr.P.C.
x. The object and purpose of exercising powers under section 540 of Cr.P.C. is to reach the truth and meet the ends of justice.
xi. Courts must guard against exploitation of this power by the parties, so as not to allow one of them to be in a position of advantage.
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