Cr. Revision No. 176 of 2011 15.9.2011 Present: Mr. Virender Singh Chauhan, counsel for the petitioner. This revision has been filed against the order dated 3.8.2011 passed by the learned Chief Judicial Magistrate, Shimla in Case No. 1-2 of 2004/02 titled Mohan Lal vs. Sohan Lal. It has been submitted by the learned counsel for the petitioner that earlier the respondent took the stand that he does not want to cross-examine the witnesses of the complainant but lateron he filed an application under Section 244 Cr.P.C. for cross- examination of such witnesses. The said application has been allowed by the learned Chief Judicial Magistrate wrongly, illegally by exercising the power under Section 311 Cr.P.C. It has been submitted by the learned counsel for the petitioner that once the respondent has opted not to cross- examine the witnesses of the complainant then the respondent has no right to file an application to recall the witnesses of the complainant for purpose of cross-examination. 2. The cross-examination of the witnesses of the complainant will not affect the merits of the case, if on merits, the complainant has a case. There is no jurisdiction error in the impugned order. The cross- examination of the witnesses will help in adjudicating the dispute properly. In these circumstances, no interference is called for, resultantly, the revision is dismissed. Cr.M.P.Nos. 698 and 699 of 2011 In view of disposal of the main petition, these applications are also disposed of. September 15, 2011 ( Kuldip Singh ) (GR) Judge.