JUDGMENT : Pankaj Bhandari, J. 1. Petitioner has moved this Criminal Misc. Petition aggrieved by order dated 06.02.2013 vide which the court below rejected the application filed by the accused-petitioner under Section 311 Cr. P.C. 2. It is contended by the counsel for the petitioner that the statements of the Investigating Officer was recorded on 24.01.2013 but inadvertently he was not cross-examined with relation to Article-1 which was exhibited by him. The petitioner immediately on 06.02.2013 moved an application before the Court under Section 311 Cr. P.C. for re-summoning Nawab Khan PW-11. The said application was rejected by the Court below. 3. Counsel for the petitioner has placed reliance on 2012 (7) SCC 56 , P. Sanjeeva Rao v. State of Andhra Pradesh and 2000 (10) SCC 430 , Haffman Andreas v. Inspector of Customs, Amritsir. 4. It is contended that the trial Court is empowered under Section 311 Cr. P.C. for recalling a witness for just decision of the case. The object of criminal trial Court is to ascertain the truth and to grant opportunity to the accused to prove his innocence. Formal errors made by the accused should be condoned. 5. Public prosecutor has opposed the petition. 6. I have considered the contentions. 7. Statements of PW-11, Nawab Khan was recorded on 24.01.2013 and he exhibited Article-1 at the time of examination in chief. No question was put by the counsel for the petitioner in cross-examination with regard to Article-1. Immediately, thereafter, the petitioner moved an application under Section 311 Cr. P.C. seeking recalling of the witnesses for cross-examination to the extent of Article-1 which has been turned down by the Court below. 8. Considering the judgment of the Apex Court as also provisions contained in Section 311 Cr. P.C. I am of the view that valuable right of the accused to cross-examine the witnesses has been curtailed on ground that the matter has reached the stage of examination of the accused under Section 313 Cr. P.C. 9. Refusing permission was clearly not warranted, as the accused-petitioner was only praying for recalling the witnesses for the purpose of cross-examining him to the extent of Article-1 only. 10. Consequently the Criminal Misc. Petition is allowed. 11. The Court below is directed to re-summon PW-11 Nawab Khan for cross-examination to the extent of Article-1.