CRM No. M 2436 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRR No.2436 of 2010 Date of decision: 15.10.2010 Joginder Singh ........ Petitioner Versus State of Punjab .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Manvinder Singh Sidhu, Advocate for the petitioner Mr. K S Pannu, DAG, Punjab for the respondent State -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) The only reason for dismissing the application of the petitioner filed under Section 311 of the Code of Criminal Procedure, for recalling the witness PW2, is that the petitioner is trying to delay the trial. It is contended that the prosecutrix PW2 had gone to meet the petitioner in Sub Jail, Fazilika. However, she denied the factum of her visit. Thereafter, the petitioner required to recall her in order to confront her with the evidence in the form of register, exhibited D1 and D2, wherein she has marked her presence and therefore, her recalling was necessary for proper adjudication of the dispute and arrive at the truth. CRM No. M 2436 of 2010 2 Reliance is placed on the judgement rendered by the Supreme Court in the cases of Rajendra Prasad v Narcotic Cell through its officer in charge, Delhi reported as 1999(3) RCR (Criminal) 440. As per the ratio laid down in the said judgement, witness can be recalled at any stage, if Court considers it necessary for a just decision and the permission in that case to recall was allowed even after the arguments had been heard. Taking into account the purpose for which the witness-PW2 is being recalled which is necessary to arrive at a just and proper decision, the order dated 14.08.2010 passed by the Additional Sessions Judge, Ferozepur, dismissing the aforesaid application is set aside and the petitioner shall be allowed to recall the witness PW2 for further examination. Allowed in the above terms. (Nirmaljit Kaur) Judge October 15, 2010 mohan