Crl. Rev. No.2883 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Rev. No.2883 of 2010 Date of Decision: October 26, 2010 Dr. Minna …..Petitioner Vs. State of Union Territory, Chandigarh. …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. K.D.S. Hooda, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) The sole grievance of the petitioner, an accused in criminal case, is that though a list of 91 witnesses (annexure P-2) has been supplied to the petitioner in the challan under Section 173 (2) Cr.P.C. but the prosecution agency has already examined three witnesses beyond the list of 91 witnesses despite the objections raised by the petitioner. The only relief which is sought for in the present case is that a direction should be given to the prosecution agency either to supply the Crl. Rev. No.2883 of 2010 [2] supplementary list of witnesses or to issue a direction to the trial Court not to permit the examination of witnesses beyond the list of witnesses provided to the petitioner- accused except by exercising the powers under Section 311 Cr.P.C. I have heard counsel for the petitioner. It appears that the petitioner has been facing trial for the last 11 years. A perusal of the order dated October 5, 2010 passed by Additional CJM, Chandigarh indicates that the trial Court has casually ordered by an interim order to summon unexamined witnesses for the date fixed. Without expression of any opinion whether the witnesses beyond the list which forms part of charge-sheet under Section 173 (2) Cr.P.C., are being examined, this petition is disposed of with an observation/ direction that in case the petitioner raises an objection regarding the examination of witness on the ground that name of the witness is not mentioned in the list of witnesses which form part of the report under Section 173 (2) Cr.P.C., the trial Court will, in the interest of justice, consider the said objection and pass a speaking order regarding the existence of the name of the witnesses in the list and in case any witness beyond the list of witnesses provided to the petitioner accused is to be examined, the same will not be done without an application under Section 311 Cr.P.C. filed by the prosecution agency. Disposed of. October 26, 2010 (M.M.S.BEDI) sanjay JUDGE Crl. Rev. No.2883 of 2010 [3]