Crl. Misc. No.M-14311 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-14311 of 2010 Date of Decision: July 6, 2010 Union Territory, Chandigarh …..Petitioner Vs. Rajesh Syal and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Hemant Bassi, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) In the present case, the order passed by the trial Court declining application of the State under Section 311 Cr.P.C. has been challenged. Counsel for the State informs that a day after dismissing the application under Section 311 Cr.P.C. of the State, the trial Court had passed the order of acquittal in favour of the accused and an appeal is pending before the learned Sessions Court and that the validity of the impugned order has also been challenged in the appeal and the same could Crl. Misc. No.M-14311 of 2010 [2] be decided in appeal because a serious procedural irregularity has been committed by the trial Court while denying a fair opportunity to the prosecution to produce the witnesses. I have heard counsel for the petitioner and dispose of the petition with liberty to the State to raise all the pleas taken up in this petition before the Appellate Court. It is observed that it will be open to the Appellate Court to determine whether the names of the witnesses which were sought to be summoned under Section 311 Cr.P.C. had ever been summoned by the trial Court; whether their examination was necessary for the just decision of the case; and whether a fair opportunity had been declined to the prosecution agency to produce the entire evidence by dismissing the application under Section 311 Cr.P.C. July 6, 2010 (M.M.S.BEDI) sanjay JUDGE