← Library
High Court of Punjab and HaryanaCRM-M/14234/2016allowed

Ranjit Singh & ORS v. State Of Punjab

2016-08-10Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-14234 of 2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-14234 of 2016 Date of decision:- 10.08.2016 Ranjit Singh and others

...Petitioners

versus State of Punjab

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Ms. Satwant Mehta, Advocate for the petitioner.

RITU BAHRI J.(Oral) Challenge in the present petition is to the order dated 22.12.2015 (Annexure P-1) passed by learned Judicial Magistrate Patti, whereby the application of the petitioners filed under Section 311 Cr.P.C seeking to recall the witnesses P.W.1 and P.W.2 for further cross examination has been dismissed.

Learned counsel for the petitioner at the very outset submits that the present petitioners are father-in-law, mother-in-law and brother-inlaw of the complainant and since the material questions regarding the entrustment, misappropriation of dowry articles and maltreatment could not be put to the witnesses, the petitioners are seeking to recall the afore-stated witnesses for further cross examination, petitioners engaged new counel as per law on 08.10.2015. Learned counsel submits that in a span of three years, the prosecution case could not be concluded. Learned counsel has further informed the Court that the prosecution witnesses are still to be examined and thus, the petitioners be given one more effective opportunity to cross examine the complainant i.e P.W.1.

GAURAV ARORA 2016.08.17 16:20 I attest to the accuracy and integrity of this document

Crl. Misc. No. M-14234 of 2016 -2Keeping in view the above peculiar facts that the prosecution witnesses are still to be examined, order dated 22.12.2015 (Annexure P-1) is hereby set aside and the instant petition is allowed and the petitioner is given one effective opportunity to cross examine the complainant i.e P.W.1 on the question of entrustment, misappropriation of dowry articles and maltreatment, subject to payment of Rs.2500/- as costs, which shall be deposited before the District State Legal Service Authority, Tarn Taran. August 10, 2016 ( RITU BAHRI ) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2016.08.17 16:20 I attest to the accuracy and integrity of this document