IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 692 of 2011 1. Subhash Chandra S/o Banwari 2. Sarwan @ Pintu S/o Karesan 3. Sudhir S/o Subhash All R/o Village Imlikhera, Dharampur, Police Station Bhagwanpur, District Hardwar ………………..Applicant Versus 1. State of Uttarakhand through secretary Home, Dehradun 2. Sudhir S/o Ravinder @ Arvind R/o Village Imlikhera, Dharampur, Police Station Bhagwanpur, District Hardwar ………….Opposite parties Shri Manish Arora, Advocate, present for the petitioners Shri S.S.Adhikari, A.G.A, present for the State. Hon’ble Prafulla C. Pant, J. Heard. (2) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the 2 petitioners have sought quashing of order dated 08.07.2011, passed by Additional Sessions Judge, Roorkee in Sessions Trial No. 22 of 2010 whereby said court has rejected the application moved under section 311 of Cr.P.C., for recalling the witnesses PW1, PW2, PW3, PW4 and PW5. (3) Perusal of the impugned order and the papers on record suggests that the witnesses have already been cross examined at length and their examination is over. It appears that after the examination of the witnesses is over there appears to have been some compromise between the affected persons in a non compoundable offence regarding which the trial is on. (4) In the opinion of this court, the trial court has rightly rejected the application under section 311 of Cr.P.C., moved for recalling of five witnesses of facts who were already cross examined. If recall of the witnesses is allowed as prayed by the petitioners (accused) it would defeat ends of justice and it would encourage the practice of winning over the witnesses to frustrate 3 the object of administration of justice. Therefore, the petition under section 482 of Cr.P.C., challenging the order dated 08.07.2011, passed by Additional Sessions Judge, Roorkee, in Sessions Trial No. 22 of 2010, is hereby dismissed. (Prafulla C. Pant, J.) Dt.03.08.2011 N.P