Punjab & Haryana HC: Repeated recall of witness under Section 311 CrPC unjustified—Order partly set aside, additional formal witnesses allowed

Case Name: Gurarpan Chauhan v. State of Punjab
Date of Judgment: January 8, 2020
Citation: CRM-M-48333-2019

Bench: Hon’ble Mr. Justice Manoj Bajaj

Held: The High Court held that repeated recall and re-examination of PW-22 (MHC Jagtar Singh) was unwarranted and would prejudice the accused’s right to a fair trial. The trial court’s order permitting further re-examination of this witness was therefore set aside. However, examination of three additional formal witnesses—CFSL official Ms. Amandeep Kaur, MHC Jarnail Singh, and Nodal Officer of Bharti Airtel Ltd.—was upheld as their testimony was formal in nature and not prejudicial. The Court reiterated that Section 311 CrPC is meant to ensure a just decision, not to fill lacunae or delay trial.

Summary: FIR No. 72 of 2013 involved allegations of kidnapping for ransom, arms offences, NDPS charges, and IT Act violations. During trial, the prosecution sought to recall PW-22 and to add three witnesses. The accused objected, arguing that the prosecution was attempting to fill gaps in its case and delay the trial despite earlier High Court directions for speedy disposal. The High Court noted that PW-22 had already been recalled once earlier (2017), and repeated re-examination without justification would prejudice the defence. However, the three additional witnesses were formal, relating to CFSL reports, chain of custody, and call records, and their examination was necessary for completeness.

Decision: Petition partly allowed. Impugned order dated 12.09.2019 was modified—permission to re-examine PW-22 set aside; permission to examine the three additional witnesses upheld. Trial court directed to record their evidence expeditiously.