Sabina, J.@mdashPetitioner has filed this petition u/s 482 of the Code of Criminal Procedure challenging the order dated 11.2.2011 (Annexure P-1) passed by the Additional Chief Judicial Magistrate, Faridabad whereby the application of the petitioner u/s 311 of the Code of Criminal Procedure ( Cr.P.C. in short) was dismissed. Section 311 of the Code of Criminal Procedure reads as under:
311. Power to summon material witness, or examine person present. Any Court may, at any stage of any inquiry, trial or other proceeding 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-examine 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.
2. Thus, as per the above provision, the Court has the powers to summon or recall any witness if his evidence appears to be essential for the just decision of the case.
3. In the present case, application u/s 311 Cr.P.C. was moved by the petitioner for recalling PW-19-P.Nagrajan for further cross-examination. So far as PW-19 is concerned, he was examined on 19.1.2011. The defence counsel had duly cross-examined the said witness. Now, further cross-examination of the witness has been sought on the ground that a letter dated 21.4.1997 was to be put to the said witness. However, at the time of cross-examination of PW-19 on 19.1.2011, the letter dated 21.4.1997 could have been put to the said witness. Since it was not put to the said witness in his cross-examination, the petitioner cannot be allowed to recall the said witness in order to fill up the lacuna in his case. As PW-19 has been cross-examined by the defence counsel at length and no request for deferring his cross-examination was made, the present case does not fall within the purview of Section 311 Cr.P.C. The trial court has rightly dismissed the application moved by the petitioner u/s 311 Cr.P.C. Dismissed.
