CRM-M No. 24812 of 2010 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 24812 of 2010 (O&M) Date of decision: 8.9.2010 Arjan Singh Shergill ......Petitioner Versus Jatinder Singh .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Ms.Dhriti J.Sharma, Advocate, for the petitioner. **** SABINA, J. This petition has been filed under Section 482 of the Code of Criminal Procedure (Cr.P.C. for short) for quashing of order dated 21.4.2010 (Annexure P-4) passed by the Sub Divisional Magistrate, Mohali as well as order dated 2.8.2010 passed by the Additional Sessions Judge, Mohali (Annexure P-5). Learned counsel for the petitioner has submitted that complainant Jatinder Singh was liable to be re-called for further examination as certain important questions have not been put to the said witness during cross-examination by the earlier counsel engaged by the petitioner. CRM-M No. 24812 of 2010 (O&M) 2 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 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.” 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 it is necessary for the just decision of the case. However, in the present case, CW-I Jatinder Singh has been duly cross-examined by the counsel engaged by the petitioner. At this stage, the petitioner wants to re-examine CW-1 Jatinder Singh- respondent as he had engaged a new counsel. Thus, it cannot be said to be a sufficient ground to allow examination of the witness, who has already been cross-examined by the earlier counsel. In these circumstances, the Courts below had rightly dismissed the application moved by the petitioner seeking re-examination of CW-1 CRM-M No. 24812 of 2010 (O&M) 3 Jatinder Singh. No ground for interference in the impugned orders is made out. Accordingly, this petition is dismissed. (SABINA) JUDGE September 08, 2010 anita