Ag vs Shiv Kumar Yadav And Anr

The Supreme Court held that the recall of witnesses under Section 311 of the Cr.P.C. after the statement of the accused under Section 313 Cr.P.C. has been recorded is not permissible merely on the grounds of alleged incompetence of previous counsel. The Court emphasized that such power must be exercised judiciously and only in exceptional circumstances, ensuring that the rights of the victim and the need for an expeditious trial are also considered. The High Court's order allowing the recall was set aside, reinforcing the principle that retrials cannot be sought without substantial justification.