Harminder Singh v. State Of Punjab & ORS

CRM-M-7436-2016 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-7436-2016 Date of decision: 05.03.2019 Harminder Singh ..... Petitioner

Versus

State of Punjab and others ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Jai Bhagwan, Advocate for the petitioner. Mr. Harpreet Multani, AAG, Punjab.

RAMENDRA JAIN, J. (ORAL) Through this petition under Section 482 Cr.P.C., prayer has been made for quashing order dated 21.01.2016 (Annexure P-1) whereby evidence of the prosecution was closed by order. Learned counsel for the petitioner-complainant inter alia contends that the trial Court illegally closed the prosecution evidence, ignoring the fact that out of 21 witnesses, 11 have already been examined and only 4 material witnesses remain to be examined. The trial Court also failed to appreciate that out of 21 adjournments sought by the prosecution to conclude its evidence, on 15 dates, prosecution witnesses were present, but were not examined by the trial Court, either on request of prosecution witnesses or otherwise.

The trial Court ought to have issued 'non-bailable warrants' of the prosecution witnesses, if, they were not appearing, despite being bound down for the next date of hearing. In view of the above factual aspect of the matter, the impugned order dated 21.01.2016 (Annexure P-1) is set aside. Trial Court RISHU KATARIA 2019.03.

CRM-M-7436-2016 -2is directed to summon all the remaining prosecution witnesses even by adopting coercive methods and record their statements. Disposed of.

March 05, 2019 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No RISHU KATARIA 2019.03.11 19:47 I attest to the accuracy and integrity of this document