IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-35734 of 2009 Date of Decision: January 15, 2010 Simla .....PETITIONER(S) VERSUS Sarto & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Vineet Chaudhary, Advocate, for the petitioner. . . . AJAI LAMBA, J (Oral) This petition is directed against Order dated 8.12.2009 passed by the Judicial Magistrate, Ist Class, Kaithal whereby the application filed by the complainant under Section 311 Cr.P.C. for summoning Dr. Vikas Khatri, Dental Surgeon, has been dismissed. The reasons recorded for dismissal of the application are that: (1) list of witnesses given in the complaint does not include the name of Dr. Vikas Khatri; (2) the complainant has availed as many as 10 opportunities to conclude pre charge evidence, however, did not Crl. Misc. No. M-35734 of 2009 [2] seek permission of the Court to summon the said witness; (3) the petitioner availed 3 last opportunities; and (d) the relevance of examining Dr. Vikas Khatri was in the knowledge of the complainant from the very beginning and despite such circumstances, the said witness was neither added to the list of witnesses nor had been summoned for pre charge evidence. Other than that the date of institution of the complaint is 9.6.2003. Proceedings cannot be allowed to be continued on the whims of the complainant. No ground for indulgence under Section 482 Cr.P.C. is made out. The petition is dismissed. (AJAI LAMBA) January 15, 2010 JUDGE avin