IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Case No. 828 of 2011 1. Sahid S/o Hamid 2. Afjal S/o Sahid Both R/o Village Laadpur, P.S. Laksar, District Haridwar. ….…..Petitioners Versus 1- State of Uttarakhand through Secretary Dehradun. 2- Islam S/o Raham Ilahi, R/o Village Laadpur, P.S. Laksar, District Haridwar. ……Respondents Mr. Parikshit Saini, Advocate, with Mr. Mohd. Safdar, Advocate, present for the petitioners. Mr. S.S. Adhikari, A G.A., present for the State. Mr. Rajendra Singh, Advocate, present for the respondent No. 2. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2) By means of this petition, moved under Section 482 Cr.P.C., the petitioners have challenged the order dated 30th of August, 2011, passed by VIth Additional Sessions Judge, Haridwar, in Sessions Trial No. 46 of 2007, whereby said court has decided to summon Bhoori and Noor Mohd. as court witnesses by exercising powers under Section 311 of Cr.P.C. 2 3) Learned counsel for the petitioners submitted that the powers under Section 311 of Cr.P.C., can not be exercised to fill the lacunae. 4) However, the impugned order shows that powers have been exercised by the trial court/suo motu, not on the request of the prosecution, to fill the lacunae. 5) Having considered submissions of learned counsel for the parties and after going through the impugned order, this Court is not inclined to interfere with the same. 6) Therefore, without expressing any opinion, as to final merits of the case, the petition under Section 482 of Cr.P.C. is dismissed. (Prafulla C. Pant, J.) 15.09.2011 JM