IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Date of Decision: 08.05.2026 ANAYAT KHAN ... Petitioner VERSUS STATE OF PUNJAB ... Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY.

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Present: Mr. Mohd. Yousaf, Advocate for the petitioner.

Mr. M.S. Atwal, DAG, Punjab.

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AMAN CHAUDHARY, J.

1. Challenge in the present petition is to the order dated 16.04.2026, vide which application filed by the petitioner under Section 311 Cr.P.C., to recall a witness for re-examination has been dismissed.

2. Learned counsel for the petitioner contends that the trial Court has wrongly dismissed the application in question, without taking into consideration that PW-1 Sunil Kumar, who was the shadow witness, got examined on 25.04.2025 i.e. prior to the examination of PW-9, the Investigating Officer, who testified on 30.10.2025, wherein video Ex.DX was played, that he wants to put to PW-1, it being an essential evidence.

3. Learned counsel for the State submits that the trial Court has rightly passed the impugned order and there is no merit in the instant petition, thus the same may be dismissed.

4. Heard.

5. Before proceeding further, it is expedient to refer to Section 311 Cr.P.C., which reads thus