Krishan Kataria v. Om Parkash Kataria

CRM-M-11365-2021

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-11365-2021 Date of decision: 09.07.2025 Krishan Kataria

...Petitioner

Versus

Om Parkash Kataria

...Respondent

CORAM: HON'BLE MR. JUSTICE


Present:

Mr. Deepinder Singh, Advocate, for the petitioner. Mr. Manish Soni, Advocate, for the respondent. ****


 , J. (Oral) 1.

The present petition has been filed under Section 482 Cr.P.C. for quashing of the Order dated 19.02.2021 passed by the learned ASJ, Gurugram/Revisional Court in CRR 26 of 2020 arising out of Complaint 233 dated 09.11.2012 under Section 420, 465, 467, 471, 120-B and Section 17/18/31 of Representation of People Act, 1950. 2.

This Court finds no infirmity with the impugned order dated 19.02.2021 wherein the learned ASJ, Gurugram has observed as under: "10. XX XX XX XX In case the court was of the opinion that said volunteered portion of the statement made by the complainant could not be read into evidence then this finding could be given either at the time of framing of charge or at the time of final adjudication of the matter but not during recording the statement of the witness and in view of the above discussion, the ANIL KUMAR 2025.07.17 09:45 I attest to the accuracy and integrity of this document

CRM-M-11365-2021 impugned order dated 10.01.2020 passed by the learned trial Court is set aside."

3.

Keeping in view of the above, the relevance of this para and the statement made voluntarily by the witness shall be re-examined and revisited at the time of final argument and also at the time of framing of charges; hence, no ground is made out to interfere in the order dated 19.02.2021 passed by learned ASJ, Gurugram/Revisional Court. The petition is disposed of accordingly.

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 09.07.2025 anil Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No ANIL KUMAR 2025.07.17 09:45 I attest to the accuracy and integrity of this document