Bhola v. State Of Haryana

CRM-M-16426-2019 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-16426-2019 DATE OF DECISION:-10.04.2019 BHOLA ...PETITIONER...

V.

STATE OF HARYANA ...RESPONDENT...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: Mr. Namit Sharma, Advocate for the petitioner.

***** RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C., has been made for setting aside order dated 02.01.2019, passed by ld. Additional Sessions Judge, whereby, application of the petitioner under Section 311 Cr.P.C. to re-examine PW-2 has been dismissed. In nutshell, after examination of PW-2 Mukesh Saini on 29.10.2018 and PW-3 Rajesh Kumar, who turned hostile, petitioneraccused, moved an application under Section 311 Cr.P.C. to recall PW2 Mukesh Saini, for his further cross-examination. Heard.

The impugned order dated 02.01.2019, rejecting the said application of the petitioner is perfectly legal, well reasoned and speaking. Therefore, no interference is required. The trial court has rightly observed that application under Section 311 Cr.P.C. moved by the accused-petitioner is a clever device to summon PW-2 Mukesh SONIKA 2019.04.11 18:03 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-16426-2019 --2-- Saini, so that he may resile like PW-3-Rajesh Kumar. Dismissed.

10.04.2019 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2019.04.11 18:03 I attest to the accuracy and authenticity of this document Chandigarh