1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Rev. No. 569 of 2008. Date of Decision: 24.3.2008 *** Yashpal .. Petitioner Vs. State of Haryana .. Respondent. CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. R.C. Kapoor, Advocate for the petitioner. *** ARVIND KUMAR, J. The present petitioner is aggrieved with the order dated 26.2.2008 passed by Judicial Magistrate 2nd Class, Jagadhari, allowing the application of the prosecution to summon Kuldeep Singh and Fateh Singh to prove some documents. It reveals from the impugned order that on 21.1.2008 the evidence of the prosecution was closed by the Court order as the prosecution failed to conclude its evidence by that date. It is apparent from the impugned order that the Court below finding the examination of both the witnesses to prove certain documents, as essential for the just and proper decision of the case, exercised the discretionary powers vested in it by dint of Section 311 Cr.P.C. and allowed the application of the prosecution. It cannot be said that the application was moved by the prosecution to cover up any lacuna, since on the previous date, as is evident from the impugned order, process was issued in respect of both the witnesses, but all the times they remained unserved. Even otherwise no prejudice would have been caused to the petitioner by allowing of the said application, since he has an opportunity to cross-examine the witnesses. The High Court can interfere with an order unless it is shown that a grave illegality has been committed by the court below by passing such an order. In the present case, there is no 2 illegality or perversity in the approach adopted by the learned trial court in allowing the application of the prosecution under Section 311 Cr.P.C. Accordingly, the present petition stands dismissed being without merits. (ARVIND KUMAR) JUDGE March 24,2008 Jiten