Crl.Rev.No. 1206 of 2010 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Crl.Rev.No. 1206 of 2010 (O&M) Date of decision: 30.4.2010 Manoj and another ......Petitioners Versus State of Haryana .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Rakesh Nehra, Advocate, for the petitioners. **** SABINA, J. This petition has been filed under Section 401 of the Code of Criminal Procedure (“Cr.P.C” for short) challenging the order dated 26.2.2010 passed by the Additional Sessions Judge, Rohtak, whereby the application moved by the petitioners under Section 311 Cr.P.C. for re-calling the prosecution witnesses had been dismissed. Learned counsel for the petitioners has submitted that Crl.Rev.No. 1206 of 2010 (O&M) 2 PW-1 Shakuntla and PW-2 Santosh were liable to be re-called for further cross-examination as initially the said witnesses had deposed under pressure and they had got recorded their statements as per the version given to them by the police during investigation of the case. After hearing learned counsel for the petitioners, I am of the opinion that the present petition deserves dismissal. Section 311 Cr.P.C. reads as under:- “Power to summon material witness, or examine person present: Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re- examine any such person if his evidence appears to it to be essential to the just decision of the case.” Although the Court may at any stage recall and re- examine any witness already examined but the same can be allowed for some good and valid reasons. However, in the present case, the plea taken by the petitioners is that earlier PW-1 Shakuntla and PW- 2 Santosh had deposed under pressure. Since the said witnesses had been duly cross-examined by the defence counsel, it cannot be said that they had deposed under pressure. Moreover, the Crl.Rev.No. 1206 of 2010 (O&M) 3 application has not been moved by the said witnesses themselves that they had deposed under pressure. Accordingly, this petition is dismissed. SABINA) JUDGE April 30, 2010 anita