Crl. Revision No. 2337 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No. 2337 of 2009 Date of decision : 29.10.2009 Bhim Singh ....Petitioner V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. R.S. Rai, Sr. Advocate with Mr. Gautam Dutt, Advocate for the petitioner. Mr. Gaurav Dhir, AAG Haryana. RAJAN GUPTA J. (ORAL) This is a petition wherein order passed by Additional Session Judge, Rewari has been impugned whereby application of the petitioner for recalling and re-examining of three witnesses has been rejected. Learned counsel for the petitioner has argued that the counsel earlier engaged by the petitioner failed to contradict the said witnesses on material points. Learned counsel has placed reliance on the judgment reported as Rajendra Prasad Vs. Narcotic Cell (1999) 6 SCC, 110 in which it has been held that the power of the court is plenary to summon or even recall any witness at any stage of the case if the court considers it necessary for a just decision. Learned counsel for the State, on the other hand, has opposed the prayer for recalling and re-examination of the three witnesses on the ground that trial may be delayed. He, however, does not dispute the Crl. Revision No. 2337 of 2009 2 proposition of law laid down in Rajendra Prasad's case (supra). Under the circumstances, it is directed that trial court shall grant one opportunity to the petitioner to recall the three witnesses and re- examine them. It is, however, made clear that no further opportunity shall be granted for the purpose of re-examination of witnesses in question. 29.10.2009 (RAJAN GUPTA) Ajay JUDGE