High Court of Punjab and HaryanaCRM-M/41957/2017disposed of

Amritpal Singh v. Rahul Ahuja

2019-02-05Mr. Justice Ramendra Jain2 pages

CRM-M-41957 of 2017 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-41957 of 2017 DECIDED ON: 05.02.2019 AMRITPAL SINGH ..PETITIONER

VERSUS

RAHUL AHUJA ...RESPONDENT CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: Mr. J.S. Mehndiratta, Advocate, for the petitioner.

Mr. Gurcharan Dass, Advocate, for the respondent.

***** RAMENDRA JAIN, J. (ORAL) Through instant petition under Section 482 Cr.P.C. prayer has been made for setting aside order dated 31.08.2017 of the trial court, whereby application filed by the petitioner under Section 311 Cr.P.C. for recalling Rahul Ahuja-CW-1 in his cross-examination has been dismissed.

In nutshell, complainant appears as CW-1 in support of his complaint and recorded his examination-in-chief. However, when petitioner did not cross-examine him through his counsel or otherwise, trial court treated his cross-examination as nil. Consequently, petitioner moved application under Section 311 Cr.P.C. for recalling complainant- Rahul Ahuja (CW-1) for cross-examination, which was SONIKA 2019.02.07 17:47 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-41957 of 2017 --2-- dismissed by the trial court vide impugned order dated 31.08.2017 on the ground that trial court cannot review its own order. Heard.

Taking into account the rival submissions, impugned order dated 31.08.2017 is set aside. The petitioner is afforded one and last opportunity to cross-examine complainant-Rahul Ajuja (CW-1) on the next date of hearing before the trial court positively, subject to payment of costs of Rs.10,000/- to be deposited with Punjab State Legal Services Authority, with direction to the respondent-complainant to remain present in his cross-examination. In case, the petitioner could not be able to cross-examine respondent-complainant as directed, on the next date of hearing, in that eventuality, he shall not be afforded any opportunity for the said purpose.

Disposed of.

05.02.2019 (RAMENDRA JAIN) sonika JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No SONIKA 2019.02.07 17:47 I attest to the accuracy and authenticity of this document Chandigarh