Surender Singh v. State Of Haryana And Another

2024:PHHC:033063 In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-9508-2024 (O&M) Date of Decision:-7.3.2024 Surender Singh ... Petitioner

Versus

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Sandeep Singh Jattan, Advocate with Ms. Hasan Kaur, Advocate for the petitioner.

Mr. Munish Sharma, DAG, Haryana.

Mr. Rajiv Joshi, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J . (Oral) 1.

Having heard learned counsel representing the petitioner, this Court does not find any infirmity in the impugned order dated 7.2.2024 (Annexure P-2) passed by learned Judicial Magistrate 1st Class, Safidon, District Jind, wherein the cross-examination of CW-3 - Karambir Singh has been treated as 'Nil'.

2.

A perusal of the said order shows that the witness in question had appeared earlier and his cross-examination had been deferred. The Trial Court had infact even specifically warned that no further opportunity would be given thereafter. On the given date, some proxy counsel had appeared, but crossexamination was not conducted. It was noticed by the Trial Court that there were three separate Power of Attorneys filed by different counsel on behalf Pankaj Kakkar 2024.03.07 18:09 I attest to the accuracy and authenticity of this document

CRM-M-9508-2024 (O&M) ( 2 ) of the accused. As such, it is a case of a deliberate attempt on the part of the accused to delay the proceedings by not coming forward to cross-examine the witness. No grounds are made out to interfere with the impugned order. The instant petition, as such, is dismissed.

7.3.2024 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2024.03.07 18:09 I attest to the accuracy and authenticity of this document