Cr. Revision No.51 of 2008 26.3.2008 Present: Mr. Anup Rattan, Advocate for the petitioner. Mr. A.K. Bansal, Addl. Advocate General, for respondent No.1-State. Cr. Revision No.51 of 2008 This revision petition has been filed against the order dated 17.1.2008 passed by learned Chief Judicial Magistrate, Shimla in Case No.50/2 of 91. It has been submitted that prosecution had filed an application under Section 311 Cr.P.C. for recalling and examining the witnesses namely Madan Lal, HC Diwan Singh, ASI Bishamber Dutt, Dr. L.R. Sharma along with record and Medical Superintendent/concerned official of Ortho Paedic dept. IGMC, Shimla along with record. This application was dismissed on 17.1.2008 by the learned Chief Judicial Magistrate, Shimla. The petitioner Chiranjeev Lal is the complainant of the case. The learned Chief Judicial Magistrate has declined the recalling of the witnesses for the reasons recorded in the order dated 17.1.2008. In Dawarka Dass vs. State of Himachal Pradesh, 1980 Cr.L.J. 1018 where application under Section 311 Cr.P.C. for recalling the prosecution witnesses was dismissed it has been held that such order being interlocutory and is not revisable under Section 397(2) of the Code. The order dated 17.1.2008 refusing to recall witnesses is interlocutory and no revision lies against interlocutory order. Accordingly revision petition is dismissed. Cr.MP Nos. 157 and 158 of 2008 Infructuous. ( Kuldip Singh) Judge March 26, 2008 (sks)