Gurdev Singh Namberdar v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-20699-2022 Date of Decision: 13.05.2022 Gurdev Singh Namberdar ......... Petitioner

Versus

State of Punjab ......... Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Surjit Singh Siwach, Advocate for the petitioner. Mr. H.S. Multani, AAG, Punjab.

**** ANOOP CHITKARA, J. (ORAL) Learned counsel for the petitioner submits that during the investigation, the petitioner was absolved of all criminal liabilities. However, during the trial, he has been summoned under Section 319 Cr.P.C. He further submits that he was absolved by taking of this plea of alibi which he needs to prove in the trial because the burden is on him to prove the alibi.

Given above, he needs to examine witness.

The prayer being innocuous is not opposed by the learned State counsel. I have perused the impugned order dated 30.04.2022, the concerned Court did not keep in mind the fact that the petitioner was initially absolved in the investigation and he was summoned under Section 319 Cr.P.C. Given above, the order passed by the trial Court is set aside. The witnesses as mentioned in Annexure P-9 (Page 41) shall be summoned and proceed with the trial. Since, these witnesses are purported to be examined by the petitioner, as such, these witnesses shall be produced on his own, whereas the summons be issued only against the remaining official witnesses.

Learned counsel for the petitioner submits that the next date before the trial Court is fixed for 17.05.2022.

          

  

 

     

     

   

  
   

     

   

      

It is clarified that the petitioner shall not seek unnecessary adjournment and shall not try to delay the trial.

(ANOOP CHITKARA) JUDGE 13.05.2022 Jyoti-II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2022.05.16 02:27 I attest to the accuracy and integrity of this document