Manish v. State Of Haryana
In the High Court of Punjab and Haryana at Chandigarh CRR- 535 of 2023 Date of Decision: 24.02.2023 Manish ---Petitioner versus The State of Haryana ---Respondent
CORAM:
HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present:
Mr. Jayoti Parshad Sharma, Advocate for the petitioner Ms. Dimple Jain, AAG, Haryana **** JAGMOHAN BANSAL, J. (ORAL) The petitioner, through the instant petition, is seeking setting aside of order dated 06.02.2023 whereby Judicial Magistrate Ist Class, Karnal, has dismissed application of the petitioner under Section 311 Cr.P.C. seeking permission to submit pen drive. Learned trial Court vide impugned order dated 06.02.2023 has dismissed application of the petitioner under Section 311 Cr.P.C. seeking permission to submit pen drive on the ground that it is not supported with affidavit qua Section 65B of Indian Evidence Act and petitioner has not submitted said pen drive during the course of investigation.
Learned counsel for the petitioner submits that petitioner has right to lead his evidence which may be documentary or oral evidence. The pen drive is defence evidence, thus, he has right to PARAMJIT KAUR SAINI 2023.02.24 17:58 I attest to the accuracy and authenticity of this order/judgment
CRR- 535 of 2023 -2produce pen drive in the form of defence evidence. On being asked whether defence evidence has started or stands closed, learned counsel for the petitioner submitted that defence evidence has till date not started.
The petitioner has every right to lead evidence in support of his defence. As defence evidence, as stated by learned counsel for the petitioner, has not started, the petitioner would certainly get opportunity to produce documentary as well oral evidence at the time of defence evidence.
In view of the above, no order is warranted.
Disposed of.
( JAGMOHAN BANSAL ) JUDGE 24.02.2023 paramjit Whether speaking/reasoned : Yes/No Whether reportable : Yes/No PARAMJIT KAUR SAINI 2023.02.24 17:58 I attest to the accuracy and authenticity of this order/judgment