DHARMINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed assailing the order passed by the learned Judge, Special Court, Faridkot dated 17.1.2020 whereby the application under Section 311 Cr.P.C. filed by the prosecution was allowed and one prosecution witness namely Inspector Sanjeev Kumar was ordered to be served.

(2.) Learned counsel for the petitioner has submitted that in the present case, the learned trial Court has erred in law in allowing the application under Section 311 Cr.P.C. filed by the prosecution in view ofthe fact that the said witness was already in the list of witnesses and vide order dated 16.8.2019, was given up by the State being unnecessary.

(3.) Learned counsel for the petitioner has further argued that once a witness has been given up as unnecessary, then thereafter, at any stage of trial, the witness cannot be summoned or recalled because it will prejudice the rights of the accused. He has also relied upon judgment of thisCourt in Paramjit Kaur Thandi vs. State of Punjab and others, CRR No.2553-2016. decided on 06.03.2019, to contend that the impugned order passed by the learned Judge, Special Court was erroneous.