IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Rev.No.1543 of 2011 (O&M) Date of decision : 21.7.2011 Ranjit Singh alias Manga ....Petitioner Versus State of Haryana and another ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr.V.D.Sharma, Advocate for the petitioner. ..... MAHESH GROVER, J. This is a petition directed against the order of the learned Addl.Sessions Judge dated 25.5.2011 vide which the application filed under Section 311 Cr.P.C. has been allowed. During the course of pendency of proceedings, an application was moved under Section 311 Cr.P.C. for summoning Orthopedic Surgeon of the General Hospital, Yamuna Nagar. The learned trial court in its impugned order observed that the x-ray report and x-ray film of Garja Singh and Arvinder Singh were already on the case file but due to some lapse the name of the Orthopedic Surgeon had not been mentioned in the list of witnesses and thus granted the prayer under Section 311 Cr.P.C. in order to summon Dr.Sandeep Gupta, Orthopedic Surgeon, whose name had been left out from the list of witnesses. Crl.Rev.No.1543 of 2011 (O&M) -2- Learned counsel for the petitioner contends that this is seriously going to prejudice his case as there is cross version and that the application has been allowed at the fag end of the trial. On due consideration of the matter, I am of the opinion that the provisions under Section 311 of the Code of Criminal Procedure enable the trial court to exercise its power to summon any witness at any stage of the trial to ensure that a proper decision of the case is arrived at. The exercise of power under Section 311of the Code of Criminal Procedure is thus not intended to either benefit the accused or the defence but is aimed at securing the proper decision of the case. Learned trial court has given cogent reason to show that the relevant material was already on record and the opinion of the Orthopedic Surgeon was essential to determine the controversy in its right perspective. Consequently, there is no merit in the instant petition and the same is hereby dismissed. 21.7.2011 (MAHESH GROVER) JUDGE dss