Crl. Revision No.2601 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No.2601 of 2010 (O&M) Date of Decision: September 22, 2010 Sunil Kumar ........Petitioner Versus State of Haryana ........Respondent ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. J.S. Bedi, Advocate, for the petitioner. SABINA, J. Petitioner has filed this petition for setting aside the order passed by the Sessions Judge, Faridabad dated 4.9.2010, whereby application moved by the petitioner under Section 311 of Code of Criminal Procedure (in short 'Cr.P.C.') for re-examination of complainant and two more witnesses was dismissed. Learned counsel for the petitioner has submitted that further examination of complainant and two more witnesses was very necessary for the just decision of the case as material questions had not been put to the said witnesses during their cross-examination. The witnesses are now sought to be re-examined on account of the statements of defence witnesses. After hearing the learned counsel for the petitioner, I am of the opinion that the instant petition deserves dismissal. Crl. Revision No.2601 of 2010 (O&M) 2 Section 311 Cr.P.C. reads as under :- “Power to summon material witness, or examine person present Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re- examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.” Thus, as per the above provision at any stage of the trial the Court has the power to re-call and re-examine any witness already examined and the Court shall do so if the evidence of such person appears to be essential for the just decision of the case. In the present case, the complainant and two more witnesses now sought to be recalled for further examination were examined on 6.1.2010. They were duly cross-examined by the defence counsel. Now, admittedly, the defence counsel has been changed by the petitioner. The petitioner must have been aware of his defence plea. The depositions made by the defence witnesses cannot be said to be some new facts that have come to the notice of the petitioner. The petitioner must have been aware of the facts deposed by the defence witnesses because they are his witnesses. Hence, all relevant questions should have been put to the complainant and the other prosecution witnesses at the time of their cross-examination. It appears that the prosecution witnesses are merely sought to be re-called for further examination due to change of counsel. Crl. Revision No.2601 of 2010 (O&M) 3 In these circumstances, the learned trial Court has rightly dismissed the application, filed by the petitioner, as the same was liable to be dismissed as mere change of defence counsel by the petitioner would not be a ground to recall the witnesses for further cross-examination. Dismissed. (SABINA) September 22, 2010 JUDGE Anand