IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-22741 of 2011 (O&M) Date of decision : 28.7.2011 Joginder Singh ....Petitioner Versus State of Punjab ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr.Pankaj Jain, Advocate for the petitioner. ..... MAHESH GROVER, J. There is no infirmity in the impugned order as the petitioner was granted an opportunity to cross-examine the witness which he did not avail of. The learned trial Court has observed that exercise of power under Section 311 Cr.P.C. to recall such a witness, who was offered for cross-examination but was not tested, cannot be exercised as it amounts to filling up the lacuna in the case. There is indeed no doubt about it. The provisions of Section 311 Cr.P.C. are of wide amplitude and any witness can be recalled for proper adjudication of the case but under no circumstances a witness can be recalled if it amounts to a cover up of a wilful default. No ground to interfere. Dismissed. 28.7.2011 (MAHESH GROVER) dss JUDGE