IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-54597 of 2007 Date of decision : 13.08.2009 J.S. Khurd ....Petitioner V/s J.S. Gill and another ....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Yogesh Goel, Advocate for the petitioner. Mr. Harinder Arora, Advocate for respondent No. 1 RAJAN GUPTA J. (ORAL) The only grievance in this petition is application of the complainant under Section 311 Cr.P.C. for summoning four PW's namely Vijay Kumar, Kuldip Singh, Manjit Singh and Manjit Kumar have been dismissed on the ground that the same had been moved after the prosecution evidence was closed. Learned counsel for the petitioner has relied upon the judgments reported as Rajendra Prasad V. Narcotic Cell, 1999(3) R.C.R. (Crl.) 440 and Idar & Ors. Vs. Aabida 2007(3) RCR(Crl.) 909 in support of his contention and submits that in Section 311 Cr.P.C. the witnesses can be recalled and re-examined at any stage if their evidence appears to be essential to the just decision of the case. Learned counsel prays that the matter may be remanded back to the same Court for decision afresh on this question. Crl. Misc. No. M-54597 of 2007 -2- The prayer is not opposed by learned counsel for the respondents. Even otherwise, from the perusal of the impugned order it appears that the trial court had rejected the prayer under Section 311 Cr.P.C. merely on the ground that prosecution evidence had been closed and accused had entered into defence, even statement of the accused under Section 313 Cr.P.C. had been recorded. However, there can be no doubt that provision of Section 311 Cr.P.C. can be invoked at any stage and court can recall and re-examine any such person whose evidence appears to be essential to just decision of the case. Under the circumstances, the petition is allowed and the order passed by Judicial Magistrate Ist Class, Ludhiana (Annexure P-4) is set aside. The case is remanded back to the same court for a decision afresh. Learned counsels may address on all the questions involved and may refer to the judgments on which reliance is placed. Parties are directed to remain present before the trial court on 23.09.2009. 13.08.2009 (RAJAN GUPTA) Ajay JUDGE