IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-15387 of 2009 Date of decision : July 13, 2009 Jaspal Singh alias Sushil Kumar and another ....Petitioners versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr.Sherry K. Singla, Advocate, for the petitioners Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) This is petition under section 482 of Code of Criminal Procedure (for short, Cr.P.C.) by two accused whose application filed under section 311 Cr.P.C. for recall of PW Surinder Pal Bansal complainant for further cross-examination stands dismissed by learned Judicial Magistrate Ist Class, Talwandi Sabo vide impugned order dated 14.5.2009, Annexure P/2. I have heard learned counsel for the parties and perused the case file. PW2 Surinder Pal Bansal was partly cross-examined on 19.5.2008 and further cross-examination was deferred on account of objection of piecemeal evidence. Thereafter no witness of the prosecution was present on 4.6.2008, 9.7.2008, and 27.8.2008. However, on Criminal Misc. No. M-15387 of 2009 -2- 15.10.2008, Surinder Pal Bansal came present but he could not be cross- examined on behalf of the petitioners as their counsel Sh. Amrit Pal Singh, Advocate was away to Bathinda. Presence of previous counsel Sh. S.S.Sidhu, Advocate for the petitioners was recorded by the Magistrate. Cross-examination of Surinder Pal Bansal PW was treated as nil with opportunity given. The petitioners moved application for recalling said witness for further cross-examination. The said application has been dismissed by the learned trial Magistrate by passing impugned order. In view of the sequence of the events given in the preceding paragraph, I am of the considered view that the ends of justice would be met if the petitioners are allowed one more opportunity to cross-examine Surinder Pal Bansal on payment of costs. Court has ample power under section 311 Cr.P.C. to pass such order. Circumstances of the case require that the petitioners should be granted another opportunity for cross- examination of the aforesaid witnesses on payment of costs. In view of the aforesaid, the instant petition is allowed and impugned order dated 14.5.2009 is set aside and it is directed that the petitioners shall be granted one more opportunity only for cross- examination of Surinder Pal Bansal PW subject to payment of Rs 2000/- as costs. ( L.N. Mittal ) July 13, 2009 Judge 'dalbir'