High Court of Punjab and HaryanaCRM-M/38982/2015allowed

Pargat Masih @ Pagga And ORS v. State Of Punjab

2015-12-18Mr Justice Rakesh Kumar Jain2 pages

Crl. Misc. No. M-38982 of 2015 -1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No. M-38982 of 2015 Date of Decision: 18.12.2015.

Pargat Masih @ Pagga and others ........Petitioners Vs.

State of Punjab ......Respondent

CORAM:

HON'BLE MRS. JUSTICE SABINA

Present:

Mr. Vikas Gupta, Advocate for the petitioners.

Mr. A.S.Sidhu, AAG, Punjab .....

SABINA, J.

Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 challenging the orders dated 24.3.2015 (Annexure P-2) and 18.9.2015 (Annexure P-1). Learned counsel for the petitioners has submitted that on 24.3.2015, counsel for the petitioners was in some personal difficulty and could not cross-examine the prosecution witnesses. Petitioners be granted one opportunity to enable them to cross-examine PW-1 and PW-2 who are the complainant and the eye witness. In case the petitioners are not permitted to cross-examine the said witnesses, they will suffer injustice and will not be able to put up their defence.

Learned State counsel, on the other hand, has opposed the petition.

In the present case, petitioners are facing trial qua commission of offence punishable under Section 302 of the GURPREET SINGH 2015.12.21 10:38 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-38982 of 2015 -2 - Indian Penal Code, 1860. In case the petitioners do not crossexamine PW-1 Aman Masih-complainant and PW-2 Mukha Masih-eye witness, they would not be able to put up their defence and cause of justice will suffer.

Accordingly, this petition is allowed. Impugned orders dated 24.3.2015 (Annexure P-2) and 18.9.2015 (Annexure P-1) are set aside. Trial Court is directed to grant one effective opportunity to the petitioners to enable them to cross-examine PW-1 and PW-2 and thereafter the Trial Court shall proceed further with the trial, in accordance with law. (SABINA) JUDGE December 18, 2015 Gurpreet GURPREET SINGH 2015.12.21 10:38 I attest to the accuracy and authenticity of this document chandigarh