Crl. Misc. No. M-28991 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-28991 of 2011 (O&M) Date of decision: 27.9.2011 Jagdish ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. J.S. Mehndiratta, Advocate for the petitioner. Mr. Siddharath Sarup, Dy. Advocate General, Haryana. Rajan Gupta, J (oral). In this petition under Section 482 Cr.P.C., the petitioner impugns the order dated 6th September, 2011, passed by Additional Sessions Judge, Bhiwani, dismissing the application under Section 311 Cr.P.C. to summon SHO, Police Station, Siwani and to recall Dr. S.K. Dhatarwal, Professor, Forensic Medicine, PGIMS Rohtak for cross examination. At the outset, learned counsel submits that he does not press the prayer for summoning of SHO, Police Station Siwani as a witness. However, Dr. S.K. Dhatarwal was Chairman/Head of the said Medical Board constituted for examination of injured Vijay Singh. According to counsel, in the report submitted by the Board, the entry regarding MLR in question figures at serial No.31. According to him, it is necessary to recall the said doctor for the purpose of referring to the report submitted by the Board. Crl. Misc. No. M-28991 of 2011 2 On issuance of notice of motion, learned State counsel has accepted notice. He does not seriously oppose the prayer for recalling aforesaid doctor. He, however, submits that in order to ensure that trial is not delayed, only one opportunity be granted to the petitioner to examine the said witness at his own risk and cost. Heard. In the circumstances, it appears that the prayer for recalling Dr. S.K. Dhatarwal as a witness, deserves to be allowed. However, the trial court will grant only one opportunity to the petitioner to cross-examine the said witness. It shall ensure that trial is not held up any further. Allowed in above terms. (RAJAN GUPTA) JUDGE 27.9.2011 'rajpal'