In magistrate court , case U/S 420,467,468 IPC , Magistrate closed the all witness after sent several summon or wailabe warrants to all of them, But two witness didn't came to court one is investigation officer & other is public witness , Magistrate already recorded the Accused statements ,And case is in argument stage ,then suddenly Public prosecutor file an application s. 311 crpc before same magistrate court for calling 2 witness i.e investigation officer and public witness ...is this possible pp can file application on this stage ? Please note that earlier magistrate closed the witness after sent so many summon to remaining witness.
Yes, public prosecutor can file the application at any stage for calling the witness as section 311 of CrPC clearly states that "the court may ,at any stage of any inquiry, trial or other proceedings under this code,summon any person, examine any person,recall and re-examine any person, if his evidence is essential".
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