LAWS(P&H)-2013-9-494

RANJIT SINGH Vs. STATE OF PUNJAB

Decided On September 17, 2013
RANJIT SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under Section 401 of the Code of Criminal Procedure, 1973 challenging order dated 11.6.2011 passed by the trial Court, whereby the application moved by the prosecution under Section 311 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) was allowed. Learned counsel for the petitioner has submitted that in the present case, entire prosecution evidence had been recorded. Thereafter, statement of the petitioner under Section 313 Cr.P.C. was recorded. Petitioner examined some witnesses in his defence. Arguments were heard by the trial Court on 19.5.2011 and the case was adjourned for orders. However, on 6.6.2011, an application was moved by the prosecution for examining Assistant Chemical Examiner to prove the chemical report and MHC, Police Station Zira along with original record. The said application had been moved with a view to fill up lacuna in the case. Trial Court had erred in allowing the said application.

(2.) LEARNED State counsel, on the other hand, has opposed the petition and has submitted that it was essential in the interest of justice to examine the Assistant Chemical Examiner to prove the chemical report as certain details were missing in the report.

(3.) THUS , as per the above provision, the Court at any stage of trial can summon any person as a witness or recall and reexamine any person already examined if it is necessary for the just decision of the case.