IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No.M-26674 of 2009 (O&M) Date of Decision: 19.11.2009. State of Haryana ....Petitioner Versus Baba Piara Singh ...Respondent CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Ms. Ritu Punj, DAG Haryana. RAJESH BINDAL J. The petitioner has approached this Court challenging the order passed by Chief Judicial Magistrate dated October 18, 2008 whereby the application filed by the petitioner under section 311 Cr.P.C. for recalling of PW6 Kamaljit Kaur Bhatia, Retired Under Secretary (Home) was dismissed. The application was filed for the purpose of proving the notification dated September 27, 2001 vide which the book written by the respondent was banned. At the time of recording of statement of the aforesaid witness, the same could not be put to her. The application was dismissed by the learned Court below considering the same to be belated as at the relevant time though the notification in question was in existance the same was not put to the witness the filing of the application, in the opinion of the Court, was just with a view to fill in the lacuna in the evidence already led. Learned counsel for the petitioner submitted that the notification dated September 27, 2001 issued by the State of Punjab was quashed by this Court vide judgment dated 11.11.2008 in CWP No. 8045 of 2002 and thereafter a fresh notification was issued on 15.12.2008. Request to prove notification dated September 27,2001 has already been rendered infructuous considering the subsequent development regarding its quashing by this Court. A fresh application has been filed under Section 311 read with section 91 Cr.P.C. for summoning of concerned officer from the Department of Home Affairs and Justice, Government of Punjab to prove on record the relevant documents and the subsequent notification. The application was filed considering the fact that the aforesaid development had taken place after the recording of the evidence of PW6 and dismissing of earlier application under Section 311 Cr.P.C. Considering the aforesaid development in my opinion no further orders are required as far as the dismissal of the earlier application filed by the petitioner for recalling of PW6 is concerned as on account of subsequent development a fresh application has been filed which is yet to be considered by the Court below on merits. Disposed of. (RAJESH BINDAL) 19.11.2009 JUDGE Reema