Prosecutor as well as Court has power to call any person as witness in any case.
Powers of courts to do justice are not controlled by police or CBI. They may file case along with list of witnesses.
But thereafter the Court has power over the case. The Prosecutor has also power to decide whom should be called as witness and who should be dropped.
Two things may have happened.
1) Police may have examined a witness but it may not have cited as witness.
2) Some person may have seen crime, but police neither examined him nor cited him as witness.
In such cases, prosecutor as we well as court both have power to call them as witnesses.
The point is: The Court and Prosecutors are not helpless. Their powers are not limited by what police or CBI says..
Haresh Raichura
26/8/23
