High Court of Punjab and HaryanaCRM-M/30886/2017dismissed

Charandeep Singh v. State Of Punjab And ANR.

2017-08-23Mrs Justice Daya Chaudhary2 pages

-1CRM-M-30886 of 2017 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-30886 of 2017 (O&M) Date of Decision: 23.08.2017 Charandeep Singh ....Petitioner

Versus

The State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. R.K. Bajaj, Advocate, for the petitioner. RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing order dated 28.07.2017 of Judicial Magistrate Ist Class, Jalandhar, allowing the application of respondent No.2 for rectification in her statement (Annexure P-1) recorded under Section 313 Cr.P.C. Learned counsel for the petitioner contends that statement of respondent No.2 was recorded on 03.10.2016 and the application for rectification was filed on 10.07.2017 at the stage of final arguments. The trial Court ought not to have permitted respondent No.2 to wriggle out from her statement voluntarily got recorded by her.

Perusal of the impugned order shows that the respondent has been permitted to withdraw few lines of her statement under Section 313 Cr.P.C. on the ground that the same must have been copied from another statement under Section 313 Cr.P.C. already saved in the computer due to typographical error, which was contrary to the stand of the respondent. Learned counsel for the petitioner is unable to show that portion Ravinder Singh 2017.08.24 10:10 I attest to the accuracy and authenticity of this document of the statement of the respondent under Section 313 Cr.P.C.

-2CRM-M-30886 of 2017 (O&M) the respondent. Therefore, this Court finds no impropriety in the observation of the trial Court that while recording the statement of respondent No.2 some typographical mistake has occurred on account of "cut and paste".

Consequently, this Court is not inclined to interfere in the impugned order and accordingly, the petition is dismissed. (RAMENDRA JAIN) August 23, 2017 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No Ravinder Singh 2017.08.24 10:10 I attest to the accuracy and authenticity of this document