In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 15067 of 2009(O&M) Date of Decision:May 28, 2009 Jagdish Prashad and another ---Petitioners versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. Sapan Dhir,Advocate, for the petitioners *** SABINA, J. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.) seeking quashing of order dated 13.8.2008 (Annexure P-10) passed by Judicial Magistrate Ist Class, Mohali in case titled as “State vs. Vivek Hans” and order dated 21.1.2009 (Annexure P-12) passed by Additional Sessions Judge, Mohali challenging order dated 13.8.2008 (Annexure P-10). A further prayer for directing the trial court to recall the prosecution witnesses No. 1 to 3 has also been made. Learned counsel for the petitioners has submitted that the trial court has erred in dismissing the application moved by the prosecution under Section 311 Cr.P.C. for recalling the prosecution witnesses. The present FIR No. 81 dated 16.3.2005 under Section 323, Crl. Misc. No. M- 15067 of 2009(O&M) -2- 326,34 of the Indian Penal Code (annexure P-1) was registered at Police Station Mohali on the basis of statement made by petitioner No. 1. After investigation, challan was present against the accused. During trial, Sharad Kumar-petitioner No. 2 was examined as PW-1, Manoj Kumar was examined as PW-2 and Jagdish Prashad-petitioner No. 1 was examined as PW-3. The application under Section 311 Cr.P.C. was filed as the complainant has engaged a new counsel. As per Section 311 of the Cr.P.C. any Court may, at any stage of any inquiry, trial or other proceedings under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness or recall and re-examined any person already examined; and the Court shall summon and examine or recall and re- examine any such person if his evidence appears to it to be essential to the just decision of the case. In the present case, petitioners as well as Manoj Kumar were examined as witnesses by the trial court and they were declared hostile. Merely because the complainant has engaged a new counsel, is no ground for allowing the application filed under Section 311 Cr.P.C. Hence no ground for interference is made out. Dismissed. (SABINA) JUDGE May 28, 2009 PARAMJIT