Amandeep Singh @ Gola v. State Of Punjab

CRR-1499-2017

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. 13601-2017 in/and Crl. Revn. No. 1499 of 2017 Date of decision : 26.04.2017 Amandeep Singh @ Gola ....Petitioner versus State of Punjab

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Mohit Garg, Advocate for the petitioner **** RITU BAHRI , J. (Oral) Crl. Misc. No. 13601-2017 For the reasons mentioned in the application, delay of 15 days in filing of the present revision petition is condoned. The application stands disposed of.

Crl. Revn. No. 1499-2017 Challenge in this petition is to order dated 06.01.2017 whereby application moved by the petitioner under Section 311 Cr.P.C, has been dismissed A bare perusal of impugned order shows that P.W.1 and P.W.2 were examined in chief on 09.06.2016. Vide order dated 27.09.2016, the cross examination of the above said witnesses was declared NIL despite opportunity being given with the detailed observation in the said order. The GAURAV ARORA 2017.04.28 15:28 I attest to the accuracy and integrity of this document Chandigarh

CRR-1499-2017 two witnesses have regularly been appearing after their examination in chief. When the case was fixed for 27.09.2016, the junior counsel moved written request for adjournment as the senior counsel was not available, which was allowed and the case was adjourned to 04.10.2016 for cross examination of the said witness. But the file was taken on the request of the victim and her mother who pleaded in a panic manner that the accused who usually comes along with two boys misbehaves with her in the Court complex and on that day again, he misbehaved with her outside the Court. In these circumstances, the Court found no alternative than to declare the cross examination of the witnesses NIL despite opportunity given.

Thus, the impugned order passed by the learned Court below does not require any interference by this Court, as it has been passed after appreciating the evidence on record.

The petition is dismissed.

26.04.2017 (RITU BAHRI) G.Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2017.04.28 15:28 I attest to the accuracy and integrity of this document Chandigarh