Criminal Misc. No.M-6534 of 2009 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-6534 of 2009 (O&M) Date of decision: 6.3.2009 Shinda @ Sikandar Singh ......Petitioner Versus State of Punjab and another .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.G.S.Sidhu , Advocate, for the petitioner. **** SABINA, J. This petition has been filed by Shinda @ Sikander Singh under Section 482 of the Code of Criminal Procedure (“Cr.P.C. for short) for setting aside the order dated 8.2.2008 passed by the Judicial Magistrate, Ist Class, Ludhiana and the order dated 20.1.2009 passed by the Additional Sessions Judge, Ludhiana in revision. FIR No. 83 dated 5.6.1996 was registered at Police Sation Sahnewal under Sections 323, 324, 325, 326/34 of the Indian Penal Code on the basis of the statement of Bachan Singh- Criminal Misc. No.M-6534 of 2009 (O&M) 2 complainant. After investigation, challan was only presented against the petitioner and his co-accused Babli and Lali were declared innocent. The complainant filed a complaint on 10.8.1996. On 10.9.1996 a supplementary statement of the complainant was recorded under Section 161 Cr.P.C. Thereafter, prosecution moved an application under Section 311 Cr.P.C. for re-examination of the complainant on the basis of the supplementary statement made by him. Vide order dated 8.2.2008, Judicial Magistrate, Ist Class, Ludhiana, allowed the application. Aggrieved by the same, the petitioner preferred a revision petition and the same was dismissed by the Additional Sessions Judge, Ludhiana vide order dated 20.1.2009. Hence, the present petition. Learned counsel for the petitioner has submitted that the application under Section 311 Cr.P.C. at a belated stage was liable to be dismissed as prosecution could not be allowed to fill up lacuna in its case. The supplementary statement had been recorded after much delay. As per Section 311 Cr.P.C. any Court may at any stage of trial 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 be essential to the just decision of the case. Criminal Misc. No.M-6534 of 2009 (O&M) 3 Thus, the trial Court was empowered to summon any person as a witness during trial for re-examination. So far as the accused are concerned, they will get opportunity to cross-examine the complainant, who is now sought to be re-examined by the prosecution in view of the his supplementary statement. In these circumstances, the impugned orders passed by the Courts below, call for no interference. Accordingly, this petition is dismissed. (SABINA) JUDGE March 06, 2009 anita