Criminal Procedure Code, 1973

— S. 311 — Power of court to summon material witness — Held, can be exercised only with the object of finding out the truth or obtaining proper proof of facts which may lead to a just and correct decision — When such exercise of power is made, plea that power was exercised to fill the lacuna in the prosecution case cannot be accepted unless exercise of power causes serious prejudice to accused which results in miscarriage of justice — In the instant case, respondent-accused raised before trial court a plea of alibi that at the time of the incident he was present in the chamber of the Collector to attend a meeting there — In support of the plea defence examined two witnesses but the Collector was not examined — Public Prosecutor moved application under S. 311 for summoning the Collector and examining him as a witness — Plea taken on behalf of respondent that prosecution should not be allowed to fill in a lacuna by moving the application — Trial court allowed the application in the interest of just and fair decision in view of the fact that defence had kept behind the best available evidence on this point and that moreover it would not cause any prejudice to respondent as alibi was his own defence — Held on facts, examination of the Collector cannot be termed as filling in lacuna — Trial court having taken a decision in the interest of just and fair decision of the case, High Court erred in interfering therewith, (2006) 7 SCC 529