capriciously or arbitrarily, as any improper or capricious exercise of such power may lead to undesirable results. It was further observed that fair trial is the main object of criminal procedure and it is the duty of the Court to ensure that such fairness is not hampered or threatened in any manner. Thus, under no circumstances can the person’s right to fair trial be jeopardised. Essentially, the rules of procedure have been designed to ensure justice and must be scrupulously followed by the Court, with full zeal in order to ensure that there is no breach of the same. Similar observations have been weighed in the other Judgments relied upon by the petitioner. The law on Section 311 Cr.PC stands fairly crystalised that the discretion given to the Courts, must be exercised in order to do complete justice not only from the point of view of the accused and the prosecution but also from the point of view of an orderly Society. Recall of a witness is not a matter of course and the discretion must be exercised by the Court judicially to prevent failure of justice.
