Baljinder Singh And ANR v. State Of Punjab

CRM-M-8875-2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-8875-2017 Date of Decision:- 17.03.2017 Baljinder Singh and another ....Petitioners

Versus

State of Punjab ....Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Vishal Ghai, Advocate for the petitioners.

**** RITU BAHRI, J. (Oral) Present petition under Section 482 Cr.P.C. for quashing of order dated 27.01.2017 (Annexure P-2), passed by learned Judicial Magistrate 1st Class, Jagraon, in case FIR No.66 dated 14.07.2008, under Sections 406 and 498-A IPC, registered at Police Station Sudhar, District Ludhiana, whereby an application dated 04.11.2016 (Annexure P-1) filed by them under Section 311 Cr.P.C., for recalling the witness, namely, Swaran Singh (PW3), was dismissed.

Learned counsel for the petitioners submits that the learned tiral Court has examined PW-3 Sarwan Singh (Retired Inspector/Investigating Officer) in the absence of the petitioners and no opportunity was granted to them to cross-examine the said witness and the cross-examination was treated to be 'Nil'. So, they be allowed to cross-examine the said witness. Naresh Kumar 2017.03.28 16:57 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-8875-2017 -2After hearing the learned counsel for the petitioners, going thorugh the record, the present petition is accepted and accordingly, order order dated 27.01.2017, passed by the learned Judicial Magistrate 1st Class, Jagraon (Annexure P-2), is hereby quashed and direction is given to the trial Court to allow to cross-examine PW-3 Sarwan Singh by learned defence counsel. However, it is made clear that only one effective opportunity shall be given for the purpose.

March 17, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.03.28 16:57 I attest to the accuracy and integrity of this document Chandigarh