Amit Sood v. Surinder Singh And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR-142-2020 Date of Decision : August 28, 2024 AMIT SOOD -PETITIONER V/S SURINDER SINGH AND ANR -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Arjun Veer Sharma, Advocate for the petitioner.

Mr. A.S. Barnala, Advocate for the respondents.

*** KULDEEP TIWARI, J. (ORAL) 1.

The instant revision petition is directed against an interlocutory order dated 23.11.2019, whereby, the learned Magistrate concerned has, in case bearing No. COMA-8770-2015, allowed the complainant's application for adduction of additional evidence. 2.

At the outset itself, the learned counsel for the petitioner requests that, since the petitioner assails an interlocutory order, therefore, the instant revision petition may be treated as a petition cast under Section 482 of the Cr.P.C.

3.

Request made by the learned counsel for the petitioner is accepted, as not opposed by the learned counsel for the respondents. Accordingly, this Court proceeds to examine the validity of the impugned order dated 23.11.2019, in exercise of its power under Section 482 of the Cr.P.C.

DEVINDER YADAV 2024.08.29 09:08 I attest to the accuracy and authenticity of this order/judgment

CRR-142-2020 4.

This Court has perused the impugned order dated 23.11.2019, which has caused grievance to the petitioner. What emerges from a perusal of the impugned order is that, during continuance of his opportunity to lead evidence, the complainant made an application for adduction of additional evidence, whereupon, the learned Magistrate concerned, after considering the fact that (i) no prejudice would be caused to the accused/petitioner by permitting the complainant to adduce additional evidence and that too during his turn of leading complainant evidence; and (ii) the said application has not been made to fill up any lacuna, allowed the said application. This Court does not find any illegality or infirmity in the impugned order. 5.

Consequently, the instant petition is dismissed, being devoid of merits and the impugned order is upheld. Interim relief stands vacated. (KULDEEP TIWARI) August 28, 2024 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2024.08.29 09:08 I attest to the accuracy and authenticity of this order/judgment