Charan Jeet Singh v. Om Parakash

- 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 15.12.2025 Charan Jeet Singh . . . Petitioner(s)

Versus

Om Parakash . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Aniket Aggarwal, Advocate for the petitioner(s).

Mr. Pranav Agnihotri, Advocate for the respondent(s).

**** SANJAY VASHISTH , J. (Oral) CRM-46625-2025 I.

This is an application filed u/s 528 of BNSS, 2023, for placing on record all interim orders passed by learned trial Court, Faridabad in case No. NACT-2142-2021, as Annexure P-3 (Colly).

II.

Allowed as prayed for. Interim orders passed by learned trial Court, Faridabad, in case No. NACT-2142-2021 as Annexure P-3 (Colly) filed along with application is taken on record. Office to tag the same at appropriate place.

III.

CRM stands disposed of.

CRM-M-10192-2025 1.

Petitioner - Charan Jeet Singh, has filed the instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking setting aside of the interim order dated 12.12.2024 (Annexure P-2), passed in case No. NACT/2142/2021, titled as "Om Parkash v. Charanjit

- 2 - Singh", whereby the application for recalling of witnesses was dismissed by the learned Judicial Magistrate Ist Class, Faridabad. 2.

It has been contended that ample opportunities had already been granted to the petitioner for cross-examination of the witness, i.e., the complainant, and that the application for recalling was moved only at the final stage of the trial, when the case was fixed for arguments, with an intent to delay the proceedings. From a perusal of the zimni orders [Annexure P-3 (Colly)], this Court is prima facie not satisfied, as no special or sufficient reason has been assigned therein for recalling the witness.

However, in order to avoid any possibility that the accused may later raise a plea of being deprived of proper and effective cross-examination of the complainant, thereby prejudicing his right of defence, and keeping in view the fact that the complainant is residing in the same city where the proceedings are pending, one last opportunity is granted to the petitioner to conduct complete cross-examination of the complainant. For the said purpose, if the complainant appears before the trial Court on the date already fixed, i.e., 22.12.2025, he shall submit himself for further cross-examination by the petitioner.

It is, however, made clear that no further opportunity shall be granted to the petitioner under any circumstances. Even this opportunity is being afforded subject to payment of costs of 15,000/- ₹ , which shall be paid to the summoned witness/complainant in Court before commencement of cross-examination, failing which the trial Court shall proceed with the matter from the stage at which it is presently fixed. 3.

Accordingly, the impugned order dated 12.12.2024 (Annexure

- 3 - P-2) is hereby set-aside, and the instant petition stands disposed of in the above terms.

Pending misc. application(s), if any, also stand(s) disposed of. (SANJAY VASHISTH) JUDGE December 15, 2025 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No