In the High Court of Punjab and Haryana at Chandigarh Criminal Revision No. 623 of 2009 (O&M) Date of decision: 16.3.2009 Ajay ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Ms.Rahish Pahwa Dudeja, Advocate, for the petitioner. **** SABINA, J. Petitioner-Ajay has filed this petition challenging order dated 19.2.2009 passed by the Additional Sessions Judge, Karnal, whereby application filed by the petitioner under Section 311 of the Code of Criminal Procedure ('Cr.P.C.' for short) was dismissed. Learned counsel for the petitioner has submitted that although Seema Rani -PW-10, Sanjay Kumar-PW-12 and ASI Jodha Ram-PW-14 had been cross-examined by the defence counsel appointed through Legal Aid, yet certain important questions were not put to the witnesses during cross-examination. Due to this reason, the said witnesses were required to be recalled for further Criminal Revision No. 623 of 2009 -2- cross-examination. The statements of the said witnesses i.e. Seema Rani -PW-10, Sanjay Kumar-PW-12 and ASI Jodha Ram-PW-14 have been placed on record as Annexure P-2, P-3 and P-4 respectively. The said witnesses were duly cross-examined by the defence counsel, who was appointed through legal aid. Now the accused have engaged another counsel and due to this reason further cross- examination of the witnesses in question has been sought. There is no doubt that the Court has ample power to recall any witness for further examination under Section 311 Cr.P.C, however, witnesses cannot be sought to be re-examined for filling up any lacuna in the case or due to change of counsel. In these circumstance, the trial Court has rightly rejected the application filed by the accused under Section 311 Cr.P.C. Accordingly, this petition is dismissed. (SABINA) JUDGE March 16, 2009 anita