Decided on June 12,2012

State of Uttarakhand through Secretary Home, Civil Secretariat, Uttarakhand, Dehradun Respondents


Hon'ble Prafulla C. Pant, J. - (1.) HEARD . By means of this petition moved under Section 482 of Cr.P.C., the petitioner has sought quashing of the order dated 26.05.2012, passed by Chief Judicial Magistrate, Tehri Garhwal, in Criminal Case No. 132 of 2007, State Vs. Paramjeet Singh, whereby the said court exercising powers under Section 311 of Cr.P.C., directed to re -summon PW -2 Devendra Singh Bisht.
(2.) LEARNED counsel for the petitioner submitted that the trial court has erred in law in recalling the PW -2 Devendra Singh Bisht for his re -examination. It is pointed out that the prosecution evidence and the evidence of the defence are already closed and arguments are already heard. Section 311 of Cr.P.C. provides that any Court, may at any stage of any enquiry, trial or other proceedings can summon any person as a witness, or recall and re -examine any person in attendance, though not summoned as a witness, or recall and re -examine any person already examined, if the court thinks that his evidence is essential to the just decision of the case.
(3.) IN the present case, the trial court has recorded its satisfaction, before the judgment is delivered. The trial court has neither acted on the application of the prosecution, to fill any lacuna, nor on the application of defence of any witness summoned him for re -examination after he was won over. Rather, the trial court on its own motion, having considered the evidence on record, came to the conclusion that it is necessary to reexamine PW -2 Devendra Singh Bisht, who has not proved some of the original documents on the record. In the above circumstances, without expressing any opinion, as to the final merits of the case, this Court does not find any error committed by the trial court. Accordingly, the petition under Section 482 of Cr.P.C., is dismissed.;

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