ORDER :

1. The petitioner/complainant is before this Court challenging the order dated 26.03.2024 passed by the Additional Chief Judicial Magistrate, Bhilwara, dismissing the petitioner's application filed under Section 311 of Cr.P.C. to summon the lady constable who was on duty at the time of the incident. Revision Court order dated 04.04.2024 passed by the learned District and Sessions Judge, Bhilwara, dismissing the revision is also assailed herein.

2. Heard.

3. It is averred that along with the charge-sheet, a list of witnesses was submitted. One eyewitness, Vimla, was inadvertently not included in the list by the prosecution, prompting the filing of the application under Section 311, which was rejected. Hence, the present petition.

4. Learned counsel for the petitioner canvasses the eye-witness of the case i.e. Vimla, a lady constable, needs to be summoned as a witness for a just decision. Section 311 of the Code empowers the court to summon material witnesses even if not earlier summoned/named as witness. If there is any negligence or mistake in not examining a witness by the prosecution, the same will result in miscarriage of justice.

5. Per contra learned PP states that the impu