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High Court of Punjab and HaryanaCRM-M/29801/2019dismissed

Reena Salaria v. State Of Punjab

2019-07-16Mr. Justice Surinder Gupta2 pages

CRM-M-29801-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Criminal Misc. No.M-29801 of 2019 (O&M) Date of Decision: July 16, 2019 Reena Salaria ......PETITIONER(s).

VERSUS

State of Punjab ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Vipin Mahajan, Advocate for the petitioner (s).

******* SURINDER GUPTA, J.

This is petition under Section 482 Code of Criminal Procedure (for short-Cr.P.C.) seeking quashing of order dated 04.05.2019 passed by Judicial Magistrate 1st Class, Gurdaspur in case No.01/23.01.2019 titled "State Vs. Reena Salaria" whereby the application moved by prosecution under Section 311 Cr.P.C. for recalling of PW1 Gurmukh Singh was allowed.

Heard.

Learned counsel for the petitioner submits that the evidence of prosecution was closed vide order dated 09.04.2019 but now the trial Court vide order dated 04.05.2019, has allowed recalling of PW1 Gurmukh Singh to prove order dated 13.05.2015. After closing of evidence by court order, no such opportunity could be allowed to the prosecution to fill up the lacuna.

SACHIN MEHTA 2019.07.17 14:44 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M-29801-2019 -2On query, learned counsel for the petitioner has stated that order dated 13.05.2015 was passed by the Court in a criminal case. He could not made out that any prejudice is going to be caused to the petitioner on production of this order. Certified copy of this order is per se admissible in evidence. If the prosecution has committed some lapse in not producing this order in evidence, the trial Court was competent to exercise its power under Section 311 Cr.P.C. to allow permission to place on record that order in evidence. After production of this order, the petitioner will have opportunity to produce evidence in defence qua this order. Keeping in view the above facts, I find no reason to interfere with the impugned order passed by the trial Court. This petition has no merits. Dismissed.

( SURINDER GUPTA ) July 16, 2019 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No SACHIN MEHTA 2019.07.17 14:44 I attest to the accuracy and authenticity of this document High Court, Chandigarh