IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc. No.M-25420 of 2009 (O&M) Date of decision : 17.12.2009 Pardeep Singh ....Appellant Versus State of Punjab ... Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr.D.S.Pheruman, Advocate for the petitioner. ..... MAHESH GROVER, J.(Oral) Crl.Misc.No.46035 of 2009 Crl.Misc. is allowed as prayed for. Crl.Misc. No.M-25420 of 2009 The petitioner has filed this petition under Section 482 Cr.P.C. assailing the order dated 24.7.2009 by which the court of Principal Magistrate, Juvenile Justice Board, Amritsar has declined to exercise its powers under Section 311 Cr.P.C. Learned counsel for the petitioner has contended that the powers under Section 311 Cr.P.C. can be exercised at any stage of the proceedings by the court concerned. He contended that the only relevant factor which is to be seen is that recalling or re-examination of a witness should be necessary for the proper adjudication of the matter. Crl.Misc. No.M-25420 of 2009 (O&M) -2- I have heard the learned counsel for the petitioner and have perused the impugned order. The trial court has not refused to exercise its jurisdiction under Section 311 Cr.P.C. but the application has merely been declined because particulars of two of the witnesses had not been given correctly and finding them to be vague the prayer made by the petitioner has been declined. On perusal of the entire material on record, I am of the opinion that the prayer of the petitioner does not deserve to be granted in the manner in which it has been prayed for in the petition. In the eventuality of the petitioner giving fresh and correct particulars of the witnesses so sought to be examined pursuant to the provisions of Section 311 Cr.P.C., the trial court shall examine the prayer and exercise the powers under Section 311 Cr.P.C. in accordance with law if the situation so warrants. The petition stands dismissed. 17.12.2009 (MAHESH GROVER) JUDGE dss