IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-25807 of 2009 Date of decision:February 25, 2010 Manjit Kaur Petitioner Versus State of Punjab Respondent CORAM : HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present: Mr. Rakesh Kumar, Advocate for the petitioner Ms. Bhavna Gupta, DAG Punjab for the respondent – State DAYA CHAUDHARY, J. (ORAL) The present petition has been filed for setting aside the order dated 17.8.2009 whereby the evidence of the prosecution has been closed by order and the application under Section 311 Cr.P.C. filed by the petitioner for summoning the material witnesses has been dismissed. Learned counsel for the petitioner submits that the petitioner is a widow lady and delay was on the part of prosecution. Moreover, learned trial Court was not assisted by the prosecution properly and relevant witnesses which were necessary for just and proper decision of the case were not examined and have been left out and their non-examination will damage the case of the petitioner. SI Satnam Singh who is material witness has also not been examined. Learned counsel for the petitioner also relied on the judgments in the cases of Rajendra Prasad vs. The Narcotic Cell through its Officer-in-charge, Delhi, 1999(3) RCR (Criminal) 440, Crl. Misc. No. M-25807 of 2009 2 Govind Ram vs. State of U.P., 1999(2) RCR(Criminal) 733, Jaspal Kaur vs. State of Punjab, 1998(1) RCR (Criminal) 577 and AnantRam vs. State of Haryana to support his contention. Learned counsel for the respondent – State has very fairly stated that the petitioner may be granted last opportunity for examination of the witnesses. The petition is allowed. Order dated 17.8.2009 is set aside with a direction to the trial Court to allow the petitioner to examine the material witnesses namely Harjinder Singh – Sarpanch and SI Statnam Singh subject to payment of Rs. 2000/- as costs. The petition stands disposed of. (DAYA CHAUDHARY) 25.02.2010 JUDGE reena