High Court of Punjab and HaryanaCRM-M/19112/2016dismissed

Harbilas v. State Of Punjab And ANR.

2016-06-02Mr. Justice Dr. Bharat Bhushan Parsoon1 pages

CRM M-19112 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM M-19112 of 2016 Date of decision : 02.06.2016 Harbilas ....Petitioner V/s State of Punjab & anr.

....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. S.S. Gurna, Advocate for the petitioner.

Mr. Shilesh Gupta, Addl. A.G. Punjab.

RAJAN GUPTA J.

Petitioner has impugned order dated 10.05.2016 passed by trial court dismissing his application under section 311 Cr.P.C. for recalling three witnesses namely Charanjit Singh, Sikander and Sukar Singh for cross examination. Prayer has been rejected by the court below observing that witnesses namely Charanjit Singh and Sukar Singh were present in court on 11.09.2015 but counsel for the accused sought an adjournment. Again on 19.11.2015 three witnesses namely Charanjit Singh, Sikander Singh and Sukar Singh were present for cross-examination but defence counsel failed to cross-examine them. I find no infirmity with the order passed. Learned counsel for the petitioner has not been able to make out any ground for recalling said witnesses for cross-examination.

Besides recently this court allowed a similar plea of the petitioner to examine witnesses namely Swaran Kaur and Kuldeep Kumar vide CRM M-5938 of 2016 decided on 18.02.2016. It appears that trial is nearing culmination. Further delay cannot be brooked. Petition is without any merit and is hereby dismissed. June 02, 2016 (RAJAN GUPTA) AJAY KUMAR 2016.06.