The discretionary power under Section 311 Cr.P.C. should be exercised to recall a witness when such examination is essential for reaching a just decision, and an application should not be rejected solely on the ground of delay if the witness turned hostile due to coercion or threats.

SANJIV BERRY, J.

1. By way of the instant revision petition, petitioner has assailed impugned order dated 30.09.2025 passed by learned Additional Sessions Judge, Kurukshetra in SC No. 145 of 2023 titled as “State vs. Hardeep & Ors.”, wherein the petitioner is the complainant in FIR No.13 dated 09.01.2023 under Sections 148, 149, 323,326, 307 and 379-B IPC and Section 16 of the Unlawful Activities (Prevention) Act, 1967 registered at Police Station Sadar Thanesar, District Kurukshetra, Haryana, whereby the application under Section 311 Cr.P.C moved by the complainant-petitioner for recall and re-examination as a witness was dismissed.

2. Briefly stating the facts of the case are that the petitioner had been a agriculturist by occupation and a licensed liquor contractor since 2018, there had been enmity of the complainant with the accused persons namely Sanju Muana and Ankush Kamalpuria. It is alleged that on 09.01.2023 around 12:40 pm when the petitioner was on way from Karnal to Kurukshetra, had stopped at Haveli Dhaba on G.T. Road, Kurukshetra for lunch, then two cars arrived with 10-12 armed assailants carrying firearms, swords and other sharp-edged weapons and without provocation they launched murderous attack on the petitioner with an intent to cause his death. The assailants caused multiple injuries to the complainant including amputation of his both hands. The assailants took away both his severed limbs(hands), mobile phone and key of his vehicle from the spot. The petitioner was rushed to the hospital for treatment and FIR was registered.

2.1 Subsequently, after completion of investigation and arrest of the accused, challan was presented in Court where the charges were framed on 12.09.2023. During prosecution evidence, the petitioner appeared as PW-1 on 27.09.2023 but due to constant fear and threats from the accused persons, he could not depose freely and failed to identify the assailants, as a result, he was declared hostile by the prosecution. The petitioner at that time being 100% disabled person both physically and mentally devastated, was not in a position to withstand intimidation or pressure from the accused and their associates.

2.2. The petitioner had approached this Court in CRM-M-21563-2023 seeking transfer of investigation outside the jurisdiction of Kurukshetra and for ensuring his protection wherein notice was issued, but before the petitioner could be heard, he was threatened with dire consequences and under the compelling circumstances, the petitioner could not explain the true facts in his testimony on 27.09.2023, being under pressure and intimation of fear for his own life and lives of his family members, he had to withdraw the petition on 14.11.2023.

2.3. It is averred that after regaining courage and mental strength, the petitioner filed the application under Section 311 Cr.P.C on 23.05.2024 seeking his recall and re-examination as a witness to put forth the truth which was suppressed due to coercion and fear vide application dated 23.05.2024 (Annexure P-5).

2.4 The petitioner was again threatened by the accused persons and for his protection he moved the complaint dated 03.06.2024 (Annexure P-6).

2.5 The accused filed reply to the application on 11.08.2025, thereafter the leaned trial Court ignoring the circumstances mentioned above and also the spirit of Section 311 Cr.P.C dismissed the application on 30.09.2025.

3. We have heard learned counsel for the parties and perused the record.

4. It is inter alia contended by learned counsel for the petitioner that the learned trial Court i