In the High Court of Punjab and Haryana at Chandigarh Crl.Rev.No. 1429 of 2010 (O&M) Date of decision: 20.5.2010 Hazru ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Ms.Monisha Lamba, Advocate, for the petitioner. **** SABINA, J. This petition has been filed challenging order dated 10.3.2010 passed by the Sub Divisional Judicial Magistrate, Hathin, whereby the application moved by the complainant under Section 311 Cr.P.C. was allowed. After hearing learned counsel for the petitioner, 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 Crl.Rev.No. 1429 of 2010 (O&M) -2- 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.” Thus, as per the above provision, the Court at any stage of trial may summon any person as a witness or recall and re- examine any person already examined if his evidence appears to be essential for the just decision of the case. In the present case, the complainant sought to summon Dr.S.K.Sharma, who had medico legally examined injured Abdul Rehman. It appears that due to inadvertence, the name of the said doctor was not mentioned in the list of witnesses. In the facts and circumstances of the present case, learned trial Court had rightly came to the conclusion that the application filed by the complainant under Section 311 Cr.P.C. was liable to be allowed as the examination of the doctor was essential for the just decision of the case. No ground for interference is made out. Accordingly, this petition is dismissed. SABINA) JUDGE May 20, 2010 anita